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A_ W
OP THE
STATE OF DELAWA.
PASSED AT A SESSION
OV THE
GENERAL ASSEMBLI,
COMMENCED AND HELD AT DOVER.,
ON TUESDAY, THE THIRD DAY OF JANUARY,
A. D. 1871,
AND OF THE.
INDEPENDENCE OF THE UNITED STATES
VOL. 14. FART 1.
1) 0VE it, DE 14
PRINTED AT THE DELAWAREAN OFFICE,
1871.
witt

A_W
OP THE
STATE OF DELAWA.
PASSED AT A SESSION
OV THE
GENERAL ASSEMBLI,
COMMENCED AND HELD AT DOVER.,
ON TUESDAY, THE THIRD DAY OF JANUARY,
A. D. 1871,
AND OF THE.
INDEPENDENCE OF THE UNITED STATES
VOL. 14. FART 1.
1)0VE it, DE 14
PRINTED AT THE DELAWAREAN OFFICE,
1871.
witt
1AWS OF THE STATE OF DELAWARE.
TITLE FIRST.
Of the Jurisdiction and Property of the State ; its Legis-lation
and Laws.
CHAPTER 1.
DIVISION, LINE BETWEEN DELAWARE AND PENNSYLVANIA.
AN AcT to repeal an act entitled, "An act to Settle and Determine tho 13 Vol. 845.
Dividing Lino between this State and the Commonwealth of Pennsyl-vania."
SECTION 1. Be it enacted by the Senate and House of Represen- Act repo:t1-
tat/yes of the State of Delciware in General Assembly met, That..d.
the act entitled, "An act to settle and determine the dividing
line between this State and the Commonwealth Of Pennsylvania,"
passed at Dover, April 1, 1869, be and the same is..liereby re-pealed,
made null and void.
Passed at Dover, dlfarch 8, 1871.
CHAPTER 2.
ELECTION DISTRICTS.
AN ACT to divide St. leorge's Hundred into two Election Districts.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
SECTION 1. That for the purpose of holding elections for State Divimon or
and County officers in St. George's Hundred, the said hundred1rer'"
shall be divided into two election districts, by the following line,1.1
intet°ctiowit°dIs- to wit : Beginning at the mouth of a small branch emptying into tricts.
4 LAWS OF DELAWARE..
CONCERNING LIMITS.
Appoquinimink Creek, between lands of William A. Cochran
and lands of Alexander M. Vail; thence by a straight line.
through lands of William A. Cochran and lands of Richard W..
Cochran to the mouth of the road leading from the Middletown
and Odessa road to the "Brick Mill ;" thence with said road
dud crossing the dam belonging to said mill to the road leading.
from Odessa to Armstrong's Corner.; thence with the last named.
roads to the Delaware Railroad, and thence.with the said railroad
to the Chesapeake and Delaware Canal. All that ,part of the said
hundred lying north and east of the said division line shall be
St. George's East Election District, and all, that part. of said
hundred lying south and west of said division line shall be St::
George's West Election District. The elections for the said
Whore oh, Eastern District shall be held in the village of Odessa, at the
lions shall
b hhi. hotel now occupied by William T. Chance, and the elections for
the said Western District shall be held in Middletown, at the,
hotel now occupied by George W. Ortlip. -
who,u to bo SECTION 2. At the said places shall be held the general elec-voted
for at
said elec- ton, all special elections for members of the General Assembly,
tions. and Representatives in Congress, elections for Electors of Presi-dent
and Vice President of the 'United States, and elections for
Road Commissioners, for Assessor of the said hundred, and for
Whore the Inspector of the said election districts. The electors residing in.
eslheaclml r"e side. the said hundred shall vote in the election district in which they
shall at the time reside.
Election SECTION 3. All the laws of this State touching elections held
Ipflyt "t"o "s"aiPd ' In the several hundreds of the State shall apply to elections for
districts. the same officers of the said election districts, excepting only so
Exception. fir as the general law for the election of assessor and inspector
and road commissioners is qualified by the provisions hereinafter
contained.
desessorand SECTION 4. There shall be elected, in accordance with the pro-in"
Pe"°". visions or Chapter 17 of the Revised Statutes, one assessor for
St. George's Hundred, and one inspector for each of the said
districts. In such election the collector of said hundred shall be
the presiding officer of St. George's East Election District ; and
some qualified voter of the district, to be appointed by the Levy
Court of New Castle county in the month of March next pre-vious
to the election, shall be the presiding officer of St. George's
West Election District, and shall have all the powers and perform
all the duties of the presiding officer of such election, according
to law and if, at any election as aforesaid in St. George's West
onffdic ehr,o w. hen Election 1.11SLIict, a- pr.e siding officer shall not have been appointed,
voted for. or shall not be present at the time and place of opening the
election, the electors present shall choose a presiding officer for
:LAWS OF DELAWARE. 5
CONCERNING LIMITS.
:said election, according to the provisions of Section 10 of Chap-ter
18 of the Revised Statutes.. The Levy Court of New Castle
-county shall, at the time of the appointment, make provision for
the furnishing by the collector of a list of the voters of the said Lista vo-bundruLto
the person appointed as presiding !officer as aforesaid. ters'
SECTION 5. Immediately upon closing the election for assessor Certificates
and inspector in the said election districts, and ascertaining the' election'
state of the vote, the presiding officer and judges of election in
each of the said districts shall make and sign certificates aecord-ing
to law, of the election of inspectors, varying from the form
prescribed for that purpose by omitting the assessor and in lieu
of including the election of assessor in such certificate, they shall
make and sign a certificate of the number of votes given for each
candidate voted for as assessor, and also of the number of votes
given for each candidate voted for as road commissioner.
SECTION' 6. The said presiding officers and judges of both the Prsahling
said election districts, shall assemble on the day next succeeding °Teee,;;;Z,
said election at 12 o'clock, M., at the place of voting in St. ""aOd
'George's East Election District aforesaid, and ascertain thewhere.
aggregate number of votes (riven in both the said districts for
each person voted for for road commissioner and for assessor.
The candidate having the highest number of votes shall be de-clared
duly elected assessor, and the candidate or candidates,
according as there may be one or more to be elected, having the
highest number of votes for road commissioner or commissioners,
shall be declared duly elected road commissioner or road com-missioners,
and the presiding officers and jndges shall make,
sign and deliver certificates of said election, according to law.
If two candidates for either of the said offices shall have the no vote.
highest and an equal number of votes, the collector or presiding
officer of St. George's East Election District shall give a casting
vote which shall elect the candidate in whose favor it is given.
Passed at Dover, liarch 0, 1871.
6 LAWS OF -DELAWARE,
CONCERNING LIMITS.
CHAPTER 3.
ELECTION DISTRICTS.
AN ACT to divide Appoquinintink Hundred intO two Election Districts..
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
AP1.UIItIIUI. for the purpose of holding elections for State and county officers-dred
divided
mink nun. ; Appoquinimink Hundred, the said hundred shall be and
int"w° hereby is divided into two election districts, by the following election Ms-trIcts.
line, to wit : Beginning at the mouth of Blackbird Creek and
running with said creek and Main branch to a bridge in the road
leading from the head of Sassafras to Smyrna, thence westerly
in the centre of said road to the cross-roads known as Dexter's.
Corner, thence southwesterly with the road leading by Garman's.
school house, Cypress Bridge, the late John McKay's and Daniel
Tippet's to the Maryland line. All that part of said hundred
lying north of said dividing line shall be Appoquinimink North
Election District ; and all that part of said hundred lying south
of said dividing line shall be Appoquinimink South Election
wher,, etre District. The elections for the said Northern District shall be
iti1:018leaIdIta.11 held in the village of Townsend, at the house now occupied by
Captain James Wilson ; and the elections for thesaid Southern
District shall beheld at Blackbird, at the placenow authorized
by law for holding election t in said Appoquinimink- Hundred.
b SECTION 2. And be it further enacted as aforesaid, That at the
mvoitde do lfeocr, nt said places shall be held the general election, all special elections.
tIont, for members of the General Assembly and Representatives in
Congress; elections for electors of President and Vice President.
of the United States; and elections for road commissioners, for
assessor of the said hundred, and for inspectors of the said election.
districts. The electors residing in the hundred shall vote in the
election district in which they shall reside at the time of the
election.
Election SECTION 3. And be it further enacted as aforesaid, That all the
laws to ap-ply
tn mitt laws of this State touching elections held in the several hundreds.
dintrlettt. of the State shall apply to elections for the same officers of the
Exeepti..0 said election districts, excepting only so far as the general law
for the election of assessor and inspector and road commissioners.
is qualified by the provisions hereinafter contained.
Afittennur SECTION 4. And be it further enacted as aforesaid, That there.
tors.
and Inapec. shall be elected, in accordance with the provisions of Chapter 17.
of the Revised Statutes, one assessor for Appoqinimink Hundred
and one inspector for each of the said districts. In such electior.
the collector of said hundred shall be the presiding officer oi
LAWS OF DELAWARE. 7
CONCERNING LIMITS.
Appoquinimink North Election District, and some qualified
voter of the district, to be appointed by the Levy Court of New
Castle county, in the month of March next previous to the elec-tion,
shall be the presiding officer of Appoquinimink South
Election District, and shall have all the powers and perform all
the duties of' the presiding officer of such election according to
law, and if at any election as aforesaid in Appoquinimink South
Election District a presiding officer shall not have been appointed,
or shall not be present at the time and place of opening the
election, the electors present shall choose a presiding officer for Prowling
said election Recording to the provisions of Section 10 of Chap- :nreD
ter 18 of the Revised Statutes. The Levy Court of New Castle voted for.
county shall, at the time of ,the appointment, make provision for
the furnishing by the collector of a list of the voters of the said
hundred to the person appointed as presiding officer as aforesaid.
SECTION 5. And be it further enacted as utiwesaid, That imme- Cortitlente4
diately upon closing the election for assessor and inspector in the "r electi°"'
said election districts and ascertaining the state of the vote, the
presiding officer and judges of election in each of the said districts
shall make and sign certificates according to law, of the election
of inspectors, varying from the form prescribed for that purpose
by omitting the assessor, and in lieu of including the election of
assessor in such certificate they shall make and sign a certificate of
the number of votes given for each candidate voted for as assessor,
and also of the number of votes given for each candidate voted
for as road commissioner.
SECTION 6. And be it further enacted, That the said presiding 1'ding
offiCers and judges of both the said election districts shall assem.t0lth-ble
on the day next succeeding said election, at 12 o'clock M., at wwuoilud
the place of' voting in A.ppoquinimink North Election District
aforesaid, and ascertain the aggregate number of' votes given in
both the said districts for each person voted for for road com-missioner
and for assessor. The candidate having the highest
number of votes shall be declared duly elected assessor, and the
candidate or
candidates'
according as there may be one or more
to be elected, having the highest number of votes for road .com-missioner
or commissioners shall be declared duly elected road
commissioner or commissioners, and the presiding officers and
judges shall make, sign and deliver certificates of said election
according to law. If two candidates for either of the said offices Tie vote. shall have the highest and an equal number of votes, the collector
or presiding officer of Appoquinimink North Election District
shall give a casting vote, which shall eleet the candidate in wilds()
favor it is given.
Passed at Dover, March 21, 1871.
8
UONCERNING umiTs.
CHAPTER 4.
ELECTION DISTRICTS.
AN A( "I' to amend the act entitled, "An act to divide St. Deorgo's Hundred
into two Election Districts," passed at 'Dover, March 9, 1871.
The place or WHEREAS it was omitted in Section 6 of an act passed at the
thermeet
irnegm io f present session of the General Assembly entitled, "An act to
ding officer divide St. George's Hundred into two election districts,' to pro-omitted.
vide for the place of meeting of the presiding officer and judges
or the respective districts to ascertain the vote for and election
of assessor and road commissioner or commissioners: therefore
Wphie.r e the SECTION 1. Be it enacted by the Senate and House of Represen- 01 tatives qf the ,S7ate of Delaware in General -Assembly met, That kneeling of
said Alm, the said act entitled, "An act to divide St. George's Hundred into
two election districts," passed at Dover, March 9, 1871, be and
the same is hereby amended in Section 6, by filling the blank
therein with the word "East," so that the said section shall read
so as to provide for the meeting of the said officers " at the place
&u.roo,y of of vut i lig in St. George's East Election District ;" and it is hereby
stato to pub. directed that the Secretary of State shall cause said act to be Unit the Art
am til000ded. published in the laws Of this State as hereby amended.
Passed at Dover, llarch 2f.', 1Sn.
LAAATS 01.' DELAWARE:
AN At"I' to amend Chapter 12 Cl' the Revised Statutes of the State of
11elaware. 2s.
Rev. Code,
SEcTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of' Delaware in General Assembly met, That Section in of
Section 19 of Chapter 12 of' the Revised Statutes of the State
of Delaware be and the same is hereby amended by inserting
between the words " merchandize" and " in," in the third line of
said section, the words " produce or any property whatsoever
mid manufacturers."
Passed at DoverIlarch 30, 1871.
'LAWS OF DELAWARE. 9
TITLE SECOND:
Of the Public Revenue, and the Assessment, Collection
and Appropriation of Taxes.
CHAPTER 5.
OF TIIE LEVY COURT.
AN At 'I' to amend Chapter 8 or the Revised Statutes of the State entitled, Re, c,1,
"Of the Levy Court."
Be it enacted by the Senate and House of Representatives of the
the State of Delaware in General Assembly met, -
SEcnoN 1. That Section 21 of Chapter 8 of the Revised secuti21,
. Statutes. of this State be and the same is hereby amended by of RevleI 5
adding to the said section the following words: " The Levy Court so""t.e^.
may, before they allow the delinquent list of any collector, re-quire
that such collector shall upon oath say that the delinquent Au end, t.e-list
made out and returned by him to the Levy Court is true in'',',',Ie'ee','fir.o"1
all its statements to the best of his knowledge and belief, and thatnttleilitu-i
that no tax has been collected from any person so returned by 't!elireet.'`
him as delinquent. The oath hereby prescribed may be admin- By .1,,
istered by the clerk of' the said court, and any collector who shall ttn,T,',17:;::'
swear falsely as to any matter to which he may be required tokwrt.4.
make oath by this section shall be liable to the pains and penal-ties
of' perjury.
SECTION 2. That in any future edition of the Revised Statutes in future
or this State the said section shall be published as herein171,t,t7,11,0
amended. Rodeo)
Statute, to
Passed at Dover, Yarch 29, 1871.be pulIiOo'I
CHA PTER 6.
com4croa.,
LAWS OF DELAWARE,.
CONCERNING THE PUBLIC REVENUE.
CHAPTER 7.
CLERKS OF TRE PEACE.
Rev. Code, AN ACT to amend Section 23 of Chapter 9 of the Revised Statutes of the
State of Delaware.
Section 2.3 of SECTION 1. Be it enacted by the Senate and House of Represen,
Chapter 9
amended. t czves of the State of Delaware in General Assembly met, That
Section 28 of Chapter 9 of the Revised Statutes of the State or
Delaware be and the same is hereby amended by inserting
between the words " pedlers" and "for" the words "manufac-turers
and those engaged in the business of purchasing and selling
produce. goods, wares and merchandise or any property whatso-ever."
.Passed-at Dover, .illarch 30, 1871.
CHAPTER 8.
CLERK OF TIIE PEACE.
Rev. Code, AN *ACT to amend Chapter 9 of the Revised Statutes of this State, entitled'
Clerk of the Peace.-
s..otiou loot SEcriox 1. Be it enacted by the Senate and House of Represen-
Chapter 9
amended, tat 'yes of the State of Delaware in General Assembly met, That
Section 10 of Chapter 9 of the Revised Statutes of this .State be
and the same is hereby amended by inserting between the word
"wares" and "and," in sixth line of said section, the words
"licenses to manufacturers, licenses to persons, associations of
persons, firms or corporations engaged in or desiring to engage
in the business of purchasing and selling produce, goods, wares
and merchandise or other property whatsoever.
SectIou 19 of SECTION 2. And be it further enacted as aforesaid, That Section
Cptif4rd9. 13 of Chapter 9 aforsaid be and the same is hereby amended by
inserting between the words "pedlers" and "and" in the third
line of said Section 13, the words "licenses to manufacturers,
licenses to persons, associations of persons, firms or eorporationR.-
engaged in or desiring to engage in the business of purchasing .
and selling produce, goods, wares and merchandise or other
property whatsoever."
Passed at Dover, March 30, 1871.
LAWS OF DELAWARE. 11.
CONCERNING THE PUBLIC, REVENUE.
CHAPTER 9.
OYSTER PLANTATIONS IN DELAWARE BAY.
AN Act in relation to Oysters.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, as follows:
SECTION 1. All oyster plantations, not exceeding fifteen ,acres, Order plan.
heretofore made in the Delaware Bay, shall be deemed and taken nue"pho"41
to be the possession of the respective planters of them, and the leissi°n of
oysters deposited or to be deposited in such plantations, and their e planters.
increase, shall be the private property of the said planters ; pro- Provided
vided and upon the condition that the said planters shall pay trIelenir trnad the
annually, by the first day of March (the first payment to be made t,l,trrettora
by the first day of' March, A. D. 1871,) to the collector, to be Le
appointed as hereinafter is provided, the sum of twenty-five
dollars as rent for the ground so held by them, and the further
sum of three dollars per ton (custom house measurement) for the
vessel to be used in the business of working the said plantations.
Failure to pay such rent_ and license fee by the time above men-tioned
shall be a forfeiture of the rights hereby secured. The
said plantations shall be designated by stakes, as provided in
the next section for new plantations, and the oysters within them
shall be protected as' is hereinafter provided in the fifth section.
This privilege shall end with the year expiring the last day of
February, A. D. 1872, unless renewed, as in the ease of a new
plantation ; and as a condition of its enjoyment, the parties
interested must, before the .first day of March, A. D. 1871, take
out a license, as provided by the second section hereof.
SECTION 2. Any. person may appropriate to his or their own unit partor
use a part, not exceeding fifteen acres, of the bottom of the bay tyedarth
south of R" Island and west of Blake's Channel, for planting oys- Iwsrord
ters, unless the same be then appropriated by authority of this act,
or by its sanction, which part shall be designated by him by stakes, cehri=in.
not more than fifty yards apart, to show at least two feet above the ated'
ordinary high water, and not be obstructive of navigation. It
shall be the possession of the planter or planters, and the oysters im1,1:
to be deposited therein, and their increase, shall be their private be obtained.
property. But before any one shall avail himself of this privilege,
he shall apply, in writing, to the said collector for a license for that
purpose, and pay to said collector the sum of twenty-five dollars
as the. fee or price therefor, and also the sum of three dollars per
ton (custom house measurement) for the vessel to be employed
So In enrolled 1)111.
19
CONCERNING THE PUBLIC REVENUE.
in the business of planting. The said license shall last only for
one year, and must be renewed by the first day of March of each
year, and the like sum be paid at the time of each renewal:
Provided that nothing in this act contained shall be construed to
authorize the appropriation by any one person of so many parts
rimagthm. as shall exceed, in the aggregate of the area, fifteen acres. The ex-ceed
fifteen privilege granted by this and the first section shall not embrace
ItereS. any portion of the bottom which is a natural oyster bed mid has
been hitherto used or worked as such, nor shall be extended
beyond the mere right to plant oysters and hold them as property.
Non,«Ki SECTION 3. No person who is not at the time a resident and
shall
not dredge inhabitant of this State, or a regularly licensed planter under
witimut 11-
(.013,4e. this act, shall dredge for oysters or otherwise take the same up
from any public oyster beds of this State, under the penalty of
one hunch red dollars for each day's offence and forfeiture of the boat
or vessel used by him in so doing, and all and everything in and
belonging to her, unless he shall previously take out a license for
that purpose: nor shall any person dredge for or otherwise take
up any oystei.s from the plantation of a planter under like pen-
Fee for alty. The fee for license to dredge the public beds shall be
eon.. three dollars per ton (custom house measurement) for the vessel
to be employed in the business, to be demanded by and paid to
the aforesaid collector before the said license is delivered but
such license shall not be taken to authorize thp planting of oys-ters.
The said license and any license under this act may be
demanded at any time for inspection by the collector aforesaid,
or the person then in command of the watch-boat hereinafter
mentioned, and failure to produce it shall be evidence that it does
not exist.
11,1W the dd. SEcrlos 4. The different plantations shall be treated as num-
Gwent
tattoos Khali bered in the order in which licenses to plant are issued under
ti".t-d- this act, and the boat or vessel used in the business of planting
shall wear that number, painted in black, at least eighteen inches
long, in the middle of her mainsail, one-third of the distance
below the head thereof: Provided. however, that where more parts
than one (but not exceeding in the whole fifteen acres) are ap-propriated
by one person, they shall bear the same number, and
that number only shall be necessary for designation of the vessel.
nu mllored A-10
1 the boat or vessel used in the business of dredging, under
the license authorized by Section 3, shall wear in the middle of
her-mainsail, one-third Of the way from the head thereof; a Roman
letter, painted in black, eighteen inches long, to be designated in
the license and to be in orderly succession from the beginning
of the alphabet,
sEcrioN 5. For the purpose of' protecting the oyster beds in
LAWS OF DEL AW.A.R E.
LAWS, OP DELAWARE. - 13. 4*
CONCERNING 'PHE PUBLIC REVENUE.
the bay, and those who plant oysters under this act in the enjoy-ment
of the privileges hereby secured to them, the -aforesaid
collector shall, with the money paid under the foregoing pro-visions,
cause to be purchased or hired, and manned with three collector
men, a suitable boat or vessel as it watch-boat: one of the men `,211,',`,1,1,1,1,""
shall be her captain, to be designated by the, collector, and he Iv"' t
shall have charge of her ; the others shall be subject to his
orders. She shall be employed night and day from the first day when
of March till the first of September in each year, and longer if'p1l"o"ye' ri,
the collector deem it necessary, in the protection of the public and
private oyster beds from depredations by trespassers; and upon the
command or her captain (or if he be sick or absent) the person at
the time in charge of her, the company of any other boat or
boats shall aid and assist the company of the watch boat as a posse
corn Gus in the enforcement of this act. Such enforcement tuti;.....
shall be the seizure of the vessel used by the trespassers, and ve,.,
every thing in or belonging to her, and the arrest of those sailing trei4pansermi
in her, and taking them to Little Creek Landing, to be proceeded t°
against according to the provisions following, that is to say
The said persons shall be taken before a justice of the peace, who .410ap, of
shall have jurisdiction of every thing under this act, and upon .t.Alie.dieb°87.
proof to his satisfaction that they are guilty of a breach of thisi""i""0.
statute, he shall fine each of said trespassers the sum of one hun-dred
dollars, and commit them to the custody of the Sheriff of
Kent county, unless such fine be forthwith paid, and also the
costs attending the prosecution, and they shall not be released
until such fine and costs are paid. The conviction of the saidl)ol.voiret%.
person, or any of them, shall work a forfeiture of the vessel and to rroittn,
every thing in or belonging to her, and the same shall be sold
by a constable to the highest bidder, at public sale, on ten days'
notice by advertisements posted in six of the most public places
in Dover and. Little Creek hundreds, and the proceeds, after
deducting the costs, (which shall be retained by the constable
and paid to the parties entitled,) shall be paid over to the collec-tor
aforesaid for the use of the' State Treasury, and shall be
forthwith deposited by him in the Farmers' Bank at Dover, to
the credit of the State Treasurer: Provided that parties defendant
in the proceeding may appeal to the Court of General Sessions A lipoid to
of the Peace and Jail Delivery upon giving security by judg- goetutratraof
meat bond with surety to the justice of the peace, in the name silmh
of the State, in a sum double the amount.of the fine imposed, to
prosecute the said appeal with effect at the next term of the said
court. The appeal shall be tried at said term by jury, unless the
court continue it, and upon certificate by the clerk that the
appeal was not prosecuted in due time, or was decided against
the appellant, the bond shall be forfeited and be at once proceeded
14 LAWS OF DELAWARE.
CONCERNING THE PUBLIC: REVENUE. -
upon at the instance of the collector. The appeal shall be a
supersedeas ; but it shall not be granted after the expiration of
ten days from the time of the imposition of the fine.
SECTION 6. In the discharge of the duty enjoined by the next
uHed. preceding section, the company of the watch-boat and those
aiding them voluntarily, or upon requisition as aforesaid, may
use any force necessary for that purpose, and in any proceeding
against them, either civil or criminal, they may plead this act in
justification, or give it in evidence under the general issue.
uy ow) re- SECTION 7. If any person shall resist the company of the watch-mistingm-
A
,c u boat and those who may be acting in aid of them, or anyof such
pauy
wateb-»mt persons in the enforcement of this statute, he shall, if such resist-guilty
of
inisibmwa. ance do not endanger life, be guilty of a misdemeanor and be fined
nor. one hundred dollars ; if life be endangered but not taken, he
shall be deemed guilty of felony and be punished by fine of five
hundred dollars and exposure in the pillory for one hour and
imprisonment for one year. If life be taken by the resisting
party he shall be guilty of murder in the first degree.
SECTION 8. -Upon parties charged with violation of this act
c.,04hig. being brought before the justice he shall inquire their names, bo
uted. and upon refusal to give them may assign to them in his pro-ceedings
any names he may .choose, which shall be taken to be
their true names, and they shall be further described as belonging
to the vessel seized, which shall be named also. The proceeding
may be in this form :
THE STATE OF DELAWARE,
vs. 1 Proceeding for violation
A. B., C. D., E. F., &c., belonging , of the act entitled "An act
to the sloop (or schooner, as in relation to Oysters."
the case may be,) G.
And now to wit, this day of A. D.
parties defendant being brought forward, and the said vesstss eel
being in custody, and both sides being ready for trial, and the
testimony having been heard and considered, it is hereby adjudged
that the said A. B., C. D., and E. F., (or such of them as were
guilty) are guilty of violating, on the day of , last,
the provisions of the section of the act aforesaid by the use 4 the said vessel and the implements in her ,for that purpose,
and they are hereby ordered to pay, each severally, a fine of
one hundred dollars, and are committed to the custody of the
Sheriff of Kent county until said fine be paid ; and it is further
ordered that the said vessel and her implements aforesaid, and
all her appurtenances, be sold by M. N., Constable, to the highest
rut le,
1A.W8 OP DELAWARE. - 15
CONCERNING THE PUBLIC REVENUE.
bidder, on ten days' notice by advertisements posted in six of
the most public places in Dover and Little Creek Hundreds.
A B , J. P.
The foregoing order shall be executed by the Constable.
SECTION 9. It shall be unlawful for any person or persons Nutt.
whomsoever to dredge for oysters in the months of July and l'uldygaeuitilk
August, or at any time after sunset and before sunrise or on August, Ste.
.Sunday: This section shall apply to those conforming to the
provisions of this act, and a Violation of the same shall subject
the offenders and the vessel so used in breaking the law to the
.same penalties as are provided by the third section for violation
thereof
SECTION 10. If any person or persons shall take and convey Taking oys-
Away from the plantation of another or others, any oysters being ters larceny.
within the limits thereof, without the consent of the planter or
person holding the plantation, he shall be deemed guilty of lar-ceny,
and be punished accordingly, and it shall be no objection
to a prosecution for larceny in such a case that the act was done
openly. If proceedings be taken under this section there shall
be none other for the same offence.
SECTION 11. It shall not be lawful to lay out or deposit in any Penalty fin.
of the creeks or streams of this State any oysters and .take them lairggikTnlig
up during the months of July and August: Provided that taking 3!:Y4IU
them up with tongs is not hereby prohibited. The penalty for Autritst,
this offence shall be fifty dollars, to be recovered as other penalties
are.
SECTION 12. The party taking out a license for himself, under oftai to be
this act, shall take an oath, to be administered by the collector,Itittla.6-
before the license is delivered, that he will not violate, or consent
to the violation, nor allow the vessel used by him in the prose-cution
of the business for which said license is granted to be
employed in the violation of this act.
SECTION 18. A license to plant under this act, or to clredgeenly ea°
merely, shall be taken to allow the use of one vessel only in that Toeisrsel. I -
business, and in every case of license granted the applicant shall
state the name of such craft, and the license itself shall have her
name inserted therein.
SECTION 14. The Governor shall cause the necessary licenses uoveraor
under this act to be prepared and supplied to the collector afore-said,
to be dispensed by him when called for under this act.
They shall be in the usual form, except that they shall be adapted .
to the nature of the privilege granted.
CONCERNING THE PUBLIC REVENUE.
Collector to SECTION 15. The Collector shall be appointed by the Governor,.
bbye th"oP G"ovd- Ind before he enters upon the duties of his office shall give bond,
crow with surety to be approved by the Governor, in a sufficient penal
Howl. sum for the faithful discharge of the duties of his office. Said
bond shall be recorded in the Recorder's office of Kent county,.
and the original (which shall be filed in the office 'of the Secre-tary
of State,) or a copy thereof from the record, duly certified,
shall be evidence. The said collector shall take the usual oaths.
of office.
Doths 0 SEcnox 16. It shall be the duty of the Collector to see that
Collector. the provisions of this act are duly enforced; and when he is
acting in the discharge of his duty in that respect, the said watch-boat
and her company shall be under his orders. And further,
he shall be and hereby is clothed with all powers necessary to
prevent violation of this act, there being hereby given to hirri
for that purpose the full authority conferred upon the captain or
person in command of the watch-boat by the fifth 'section hereof.
Au whit- SEcerrox 17. There shall be an additional justice of the peace
tOicAe Ro'f Jtohes- fo) r the county of Kent, to reside at Little Creek Landing afore-
Peace crea- said, who shall have all the ordinary powers of a justice of' the ted. peace under the constitution and laws of this State,: but it shall
be his special duty to administer the law under this act so fame as
the same is neither* [within] the scope of the jurisdiction of a
justice of the peace. or as he is charged with any duty here-under
; two-thirds of' each branch of the Legislature concur in
the passage of this section.
Culapensa SECTION 18. The compensation to the said collector for his
'lteecteor". Cot- services under this act shall be five per centum of the money
collected and paid over by him, but shall not exceed 1,000 dollars
per annum, and that to the captain and crew of th6 watch-boat
shall not exceed eighty dollars per month for the captain and
forty dollars per month for each of the crew, they finding their
own hoard. It shall be paid out of the money collected under
this act, a sufficient amount of which is hereby appropriated for
that purpose. Warrants of the collector therefor, drawn on the
State Treasurer, shall be the form of such payment.
Money cul- Sticriox 19. All money collected by the Collector under this
levied ,thall
for ilia act shall be for the use of the State, and shall be deposited by
"eeer the him so soon as may be in the Farmers' Bank at Dover, to the State. credit of the State Treasurer, but so much of' it as shall be
necessary to enable him to pay the expenses incurred by him by
authority of this act, including his commission, is hereby appro-priated
and shall be sulject to his warrants upon the State
So lu enrolled bill.
16 LAWS OF DELAWARE,.
LAWS OF DELAWARE. 17
CONCERNING THE PUBLIC REVENUE.
Treasurer, which warrants, so far as the expenses of the watch-boat
and her company arc concerned, are already provided for in
the seventeenth section of this act. The said Collector shall, by
the tenth day of April in each year, commencing with the present
year, render under oath to the State Treasurer A faithful account
of all money secured by him under this act and the disposition
hereof [thereof] according to the foregoing provisions.
SECTION 20. The .Secretary of State shall cause a certified Secretary of
copy of this act to be forthwith published for one month in three
of the newspapers of the State.
Passed at Dover. February 1, 1871.
CHAPTER 10.
CONCERNING OYSTERS.
AN ACT to lix a term of office for the Collector to be appointed in pursuance
of the net passed at this present session entitled "An net in relation to
Oysters," and for other purposes.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the Stale of Delaware in General Assembly met, That the Term of
Collector to be appointed under the provisions of the act passed
at this present session, entitled "An act in relation to Oysters."
shall hold his office for the term of two years: Provided, That
the Governor may at any time within that term appoint another TheiGOVer-in
his stead should he see fit so to do. And in case of such an izzty.t.
appointment the functions of the Collector then in office shall, upon other.
notice to him of the new appointment, cease: but the condition
of his official bond shall, nevertheless, extend so far as to require The official
him to pay over and deliver to his successor in office any money !),;,tttedzubilisa0114,
collected by him under said act and which has not then been farina to re-deposited
by him as required by said act, and furthermore, the Atyreovaalrot to
condition of the bond to be given by any Collector Under said act "'""".
shall extend to the payment over by him to his successor of any
money which he has not already deposited in accordance with
the provisions of said act. This latter provision shall in no
respect interfere or dispense with the said provisions in .regard to
the duty of the collector with reference to depositing the money
received by him under the act aforesaid, but is intended to be:
cumulative of his responsibility as collector.
Passed at Dover. February 9, 1871.
2
18 LAWS OF DELAWARE.
coNOERNING THE PUBLIC) REVENUE.
CHAPTER 11.
OF THE REVENUE OF THE STATE.,
AN MI' to amend Chapter 117 of the 13th Volume of Delaware Laws, CIHi-
Volume 11, tied "An act to raise Revenue anti provide for the current expenses of
10.1 the State t;overnment."
Section .1 of
Chapter 117
:upended.
19:
SECTION 1. Be it enacted by the Senate and House of _Represen-tatives
of the State of Delaware in General Assembly met, That
Chapter 117 of the 13th Volume of Delaware Laws be and the
same is hereby amended in the seventeenth line of section third
by inserting, after the word " dollars" and before the word "for,"
the following : " For each license to perform jugglery the sum of
twenty-five dollars."
Passed at Dover, February 14, 1871.
CHAPTER 12.
CONCERNING OYSTERS.
AN A "I' to extend the time for taking out certain Licenses, and for other
purposes.
SECTION 1. Be it enacted by the Senate and House of Represen-
((tapes of the Slate of Delaware in General Assembly met, That
Time for ta. the time for taking out licenses under the act passed at this
present session, entitled, "An act in relation to Oysters," be
feuded. extended until the first day of May, and that in the publication
of the said act the word May shall be used for March whenever
the latter occurs, except in the fifth section of said act, and that
the word " February "lie stricken from the first section of said
act and the word "April" be substituted in its place. It shall be
the duty of the Secretary of State, in making publication of the
said act, to conform it to this act, adding thereto also section two
hereof as an additional section thereof. -
whet) t boat sEcrioN 2. And be it farther enacted, That where a party u.ed of no
greater her. planting shall use a boat for that purpose of not greater burthen
theft LIMO
2 tonn, than two tons, he shall only be obliged to pay for the privilege
.1,all be paid of" planting, that is: twenty-five dollars, and the license to him
for
cen" couwd lI I- shall be restricted accordingly.
to ptlea.ttirliicntg,A Passed at Dover, February 24, 1871.
-LAWS OF DELAWARE. - 19
CONCERNING THE PUBLIC REVENUE.
CHAPTER 13.*
OYSTER PLANTATIONS IN DELAWARE BAY.
AN ACT in relation to Oysters-.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, as follows:
SECTION 1. All oyster plantations, not exceeding fifteen acres, Oyster])Ian-heretofore
made in the Delaware Bay, shall be deemed and takenl'nnsg.'
to be the possession of the respective planters of them, and thseuot r oysters deposited or to be deposited in such plantations, and their lautc
increase, shall be the private property or the said planters ; pro- Provided
vided and upon the condition that the said planters shall pay rtip "ilex the
annually, by the first day of May (the first payment to be made
by the first day of May, A. D. 1871,) to the Collector, to be I veseel
appointed as hereinafter is provided, the sum of twenty-five
dollars as rent for the ground so held by them, and the further
sum of three dollars per ton (custom house measurement) for the
vessel to be used in the business of working the said plantations.
Failure to pay such rent and license fee by the time above men-tioned
shall be a forfeiture of the rights hereby secured. The
said plantations shall be designated by stakes, as provided in
the next section for new plantations, and the oysters within them
shall be protected as is hereinafter provided in the fifth section.
This privilege shall end with the year expiring the last day of
April, A. D. 1872, unless renewed, as in the case of a new
plantation ; and as a condition of its enjoyment, the parties
interested must, before the first day of May, A. D. 1871, take
out a license, as provided by the second section hereof.
SECTION 2. Any person may appropriate to his Or their own use That pada
a part, not exceeding fifteen acres, of the bottom of the bay south ig,prth of
of Reedy Island and west of Blake's Channel, for planting oys. Islandrand
ters, unless the same be then appropriated by authority of this act, maTke,8r = or by its sanction, which part shall be designated by him by stakes,
not more than fifty yards apart, to show at least two feet above the ated'
ordinary high water, and not be obstructive of navigation. It
shall be the possession of the planter or planters, and the oysters
to be deposited therein, and their increase, shall be their private
property. But before any one shall avail himself of this privilege, License
be shall apply, in writing, to the said Collector for a license for that tsitiiintlelp ob-purpose,
and pay to said collector the sum of twenty-five dollars
as the fee or price therefor, and also the sum of three dollars per
ton (custom house measurement) for the vessel to be employed
nib Chapter comprises Chapter 9, as anieuded, end to published with atnethinientp,
ateeurd twee with Chapter 12.
18 LAWS OF DELAWARE.
CONCERNING THE PUBLIC REVENUE.
CHAPTER 11.
OF THE REVENUE or THE STATE.
AN ACT to amend Chapter 117 of the 13th Volume of Delaware Laws, enti-
Volume tied "An net to raise Revenue and provide for the current expenses of
the State Government."
SEcrioN 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
Section .-I of Chapter 117 of the 13th Volume of Delaware Laws be and. the
Chapter 117
ntuoudpd. same is hereby amended in the seventeenth line of section third
by inserting, after the word " dollars" and before the word "for,"
thefollowing : " For each license to perform jugglery the sum of
twenty-five dollars."
Passed at Dover, February 14, 1871.
CHAPTER 12.
CONCERNING OYSTERS.
AN A CI' to extend the time for taking out certain [Accuses, and for other
purposes.
SEMON 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
Theo for ta. the time for taking oue licenses under the act passed at this
rataraix. present session, entitled, "An act in relation to Oysters," be
tended, extended until the first day of May, and that in the publication
of the said act the word May shall be used for March whenever
the latter occurs, except in the fifth section of said act, and that
the word " February be stricken from the first section of said
act and the word "April " be substituted in its place. It shall be
the duty of the Secretary of State, in making publication of the
said act, to conlbrm it to this act, adding thereto also section two
hereof as an additional section thereof. -
When a boat SEcrioN 2. And be it further enacted, That where a party
IpN rueNoad toebf urnr..o planting shall use a boat for that purpose of not greater burthen
then than
2 tuu v2r, than two tons, he shall only be obliged to pay for the privilege
hintlibd Ibe
'mid 00 planting, that is : twenty-five dollars, and the license to him for saiI-oon"
and )1- shall be restricted accordingly.
1:011101 0141
raNtrIct.l
o Passed at Dover, February 24, 1871. t planting
LAWS OF DELAWARE. 19
CONCERNING THE PUBLIC REVENUE.
CHAPTER 13.*
OYSTER PLANTATIONS IN DELAWARE DAY.
AN ACT in relation to Oysters.
Be it enacted by the Senate and House of Representatives of the
.State of Delaware in General Assembly met, as follows:
SECTION 1. All oyster plantations, not exceeding fifteen acres, oyster plan-heretofore
made in the Delaware Bay, shall be deemed and takenTano"pa81.1
to be the possession of the - respective planters of them, and', the in8=torrs.
oysters deposited or to be deposited in such plantations, and their
increase, shall be the private property of the said planters ; pro- Provided
vided and upon the condition that the said planters shall pag"'Unilif L"
annually, by the first day of May (the first payment to be made three dopars
by the first day of May, A. D. 1871,) to the Collector, to be ihe ve.et
appointed as hereinafter is provided, the Sum of twenty-five ""d*
dollars as rent for the ground so held by them, and the further
sum of three dollars per ton (custom house measurement) for the
vessel to be used in the business of working the said plantations.
Failure to pay such rent and license fee by the time above men-tioned
shall be a forfeiture of the rights hereby secured. The
said plantations shall be designated by stakes, as provided in
the next section for new plantations, and the oysters within them
shall be protected as is hereinafter provided in the fifth section.
This privilege shall end with the year expiring the last day of
April, A. D. 1872, unless renewed, as in the case of a new
plantation ; and as a condition of its enjoyment, the parties
interested must, before the first day of May, A. D. 1871, take
out a license, as provided by the second section hereof.
SECTION 2. Any person may appropriate to his Or their own use That
a part, not exceeding fifteen acres, of the bottom of the bay south ii) ,eyedypo utatttooff
of Reedy Island and west of Blake's Channel, for planting oys-ters,
unless the same be then appropriated by authority of this act, Blake's
or by its sanction, which part shall be designated by him by stakes, ,,Ilaatil,uperiorrt!
not more than fifty yards apart, to show at least two feet above the "ted'
ordinary high water, and not be obstructive of navigation. It
shall be the possession of the planter or planters, and the oysters
to be deposited therein, and their increase, shall be their private
property. But before any one shall avail himself of this privilege, r,iceum
he shall apply, in writing, to the said Collector for a license for that
purpose, and pay to said collector the sum of twenty-five dollars
as the fee or price therefor, and also the sum of three dollars per
ton (custom house measurement) for the vessel to be employed
*This Chapter comprises Chapter 0, as amended, and in published with amendments, lu
Accordance with Chapter 12.
20 LAWS OF DELAWARE..
CONCERNING THE PUBLIC REVENUE.
in the business of' planting. The said license shall last only for
one year, and must be renewed by the first day of May of each
year, and the like sum be paid at the time of each renewal :
Provided that nothing in this act contained shall be construed to
authorize the appropriation by any one person of so many parts
Mutations as shall exceed, in the aggregate of the area, fifteen acres, The-not
to ex-ceed
fifteen privilege granted by this aud the first section shall not embrace
newt. any portion of the bottom which is a natural oyster bed and has
been hitherto used or worked as such, nor shall be extended
beyond the mere right to plant oysters and hold them as property..
Non-reel. SECTION 3. No person who is not at the time a resident and
dents bind(
not dredge inhabitant of this State, or a regularly licensed planter under
without this act, shall dredge for oysters or otherwise take the same up tenet..
from any public oyster beds of this State, under the penalty of
one hundred dollars for each day's offence and forfeiture of the boat
or vessel used by him in so doing and all and everything in and
belonging to her, unless he shall previously take out a license for
that purpose ; nor shall any person dredge for or otherwise take
up any oysters from the plantation of a planter under like pen-
Fee for 11- raty. The fee for license to dredge the public beds shall be
cene. three dollars per ton (custom house measurement) for the vessel -
to be employed in the business, to be demanded by and pnid to
the aforesaid Collector before the said license is delivered ; but
such license shall not be taken to authorize the planting of oys-ters.
The said license and any license under this act may be
demanded at any time for inspection by the Collector aforesaid,
or the person then in command of the watch-boat hereinafter
mentioned, and failure to produce it shall be evidence that it does.
not exist.
now ow air. SECTION 4. The different plantations shall. be treated as 1111M-tfroatutonrti
ap slahnim- bored in the order in which licenses to plant are issued under
be treated. this act, and the boat or vessel used in the business of planting"
shall wear that number, painted in black, at least eighteen inches
long, in the middle of her mainaail one-third of the distance
below the head thereof: Provided, however, that where more parts
than one (but not exceeding in the whole fifteen acres) are ap-propriated
by one person, they shall bear the same number, and
Veel be that number only shall be necessary for designation of the vessel.
unmbered. And the boat or Vessel used in the business of dredging, under
the license authorized by Section 3, shall wear in the middle of
her mainsail, one--third of the way from the head thereof, a Roman
letter, painted in black, eighteen inches long, to be designated in
the lioense and to be in orderly succession from the beginning
of the alphabet.
SECTION 5. For the purpose of protecting the oyster beds in
LAWS OF DELAWARE. 21
CON,CIERNING TRE PUBLIC REVENUE.
the bay, and those who plant oysters under this act in the enjoy-ment
of the privileges hereby secured to them, the aforesaid
collector shall, with the money paid under the foregoing pro-visions,
cause to be purchased or hired, and manned with three Collector
men, a suitable boat or vessel as a watch-boat; one of the men=r
shall be her captain, to be designated :by the Collector, and he watch-boat.
shall have charge of her; the others shall be subject to his
orders. She shall be employed night and day from the first daywh,o;.. mho
of' March till the first of September in each year, and longer if6pl"oyas & em-the
collector deem it necessary, in the protection of the public and
private oyster beds from depredations by trespassers; and upon the
command of her captain (or if be be sick or absent) the person at
the time in charge of her, the company of any other boat or
boats shall aid and assist the company of the watch boat as a posse Th)88,
contitatus in the enforcement of this act. Such enforeementtahm
shall be the seizure of the vessel used by the trespassersa,n d Veneta or
every thing in or belonging to her, and the arrest of those sailing tretipueria
in her, and taking them to Little Creek Landing, to be proceeded ° ° Ram
against according to the provisions fbllowing, that is to say :
The said persons shall be taken before a justice of the peace, who JueUce
shall have jurisdiction of every thing under this act, and upon 22=,
proof to his satisfaction that they are guilty of a breach of this "Wen"'
statute, he shall fine each of said trespassers the sum of one hun-dred
dollars, and commit them to the custody of the Sheriff of
Kent county, unless such fine be forthwith paid, and also the
costs attending the prosecution, and they shall not be released
until such fine and costs are paid. The conviction of the said tcoovoran
person, or any of them, shall work a forfeiture of the vessel and forfeiture.
.every thing in or belonging to her, and the same shall be sold
by a constable to the highest bidder, at public sale, on ten days'
notice by advertisements posted in six of the most public places
in Dover and Little Creek hundreds, and the proceeds, after
deducting the costs, (which shall be retained by the constable
and paid to the parties entitled,) shall be paid over to the collec-tor
aforesaid for the use of the State Treasury, and shall be
forthwith deposited by him in the Farmers' Bank at Dover, to
the credit of the State Treasurer: Provided that parties defendant
in the proceeding may appeal to the Court of General Sessions Appeal to
of the Peace and Jail Delivery upon giving security by judg-ment
bond with surety to the justice of the peace, in the name ki°°S.
of the State, in a sum double the amount of the fine imposed, to
prosecute the said appeal with effect at the next term of the said
court. The appeal shall be tried at said term by jury, unless the
court continue it, and upon certificate by the clerk that the
appeal was not prosecuted in due time, or was decided against
the appellant, the bond shall be forfeited and be at once proceeded
CONCERNING THE PUBLIC REVENUE.
upon at the instance of the Collector. The appeal shall be a
supersedeas ; but it shall not be granted after the expiration or
ten days from the time of the imposition of the fine.
Force may SECTION 6. In the discharge of the duty enjoined by the next
be
used' preceding section, the company of the watch-boat and those.
aiding them voluntarily, or upon requisition as aforesaid, may
use any force necessary for that purpose, and in any proceeding
against them, either civil or criminal, they may plead this act in
justification, or give it in evidence under the general issue.
Any ono re- SECTION 7. If any person shall resist the company of the watch-
4i lug cow- boat and those who may be acting in aid or them, or any of such
Ivaaltat persons in the enforcement of this statute, he shall, if such resist-guilty
of
tolhtlemea. ance do not endanger life, be guilty or a misdemeanor and be fined
nor. one hundred dollars; if life be endangered but not taken, he
shall be deemed guilty of felony and be punished by fine of five
hundred dollars and exposure in the pillory for one hour and
imprisonment for one year. If life be taken by the resisting
party he shall be guilty of murder in the first degree.
How pra- SECTION 8. Upon parties charged with violation or this act
tcece bdien glast;L.to
e being brought before the justice he shall inquire their names,
Inted. and upon refusal to give them may assign to them in his pro-ceedings
any names he may choose, which shall be taken to be
their true names, and they shall be further described as belonging
to the vessel seized, which shall be named also. The proceeding
may be in this form :
TILE STATE Or DELAWARE,
vs. Proceeding; for violation
A. B., C. D., E. F., &c., belonging r. of the act entitled "An act
to the sloop (or schooner, as j in relation to Oysters."
the case may be,) G.
And now to wit, this day of A. D. the
parties defendant being brought forward, and the said vessel
being in custody, and both sides being ready for trial, and the
Form. testimony having been beard and considered, it is hereby adjudged
that the said A. B., C. D.) and E. F., (or such of them as were
guilty) are guilty of violating, on the day of , last,
the provisions of the section of the act aforesaid by the use
of the said vessel and the implements in her for that purpose,.
and they are hereby ordered to pay, each severally, a fine of
one hundred dollars, and are committed to the custody of the
Sherifi. or Kent county until said fine be paid ; and it is further
ordered that the said vessel and her implements aforesaid, and
all her appurtenances. be sold by M. N., Constable, to the highest
22 LAWS OF DELAWARE..
LAWS OF DELAWARE. 23
CONCERNING THE PUBLIC REVENUE.
bidder, on ten days' notice by advertisements posted in six of
the most public -places in Dover and Little Creek Hundreds.
A B J P.
The foregoing order shall be executed by the Constable.
SECTION 9. It shall be unlawful for any person or persons Nutt.
whomsoever to dredge for oysters in the months of July and teldyg."'S
August, or at any time after sunset and before sunrise or on August, Stu.
Sunday. This section shall apply to those conforming to the
provisions of this act, and a violation of the same shall subject
the offenders and the vessel so used in breaking the law to the
same penalties as are provided by the third section for violation
thereof.
SECTION 10. If any person or persons shall take and convey Taktug oym-
[carry] away from the plantation of another or others, any oysters 's I"' ceuy.
being within the limits thereof, without the consent of the planter
or person holding the plantation, he shall be deemed guilty of lar-ceny,
and be punished accordingly, and it shall be no objection
to_ a prosecution for larceny in such a case that the act was done
openly. If proceedings be taken under this section there shall
be none other for the same offence.
SECTION 11. It shall not be lawful to lay out or deposit in any Penalty for
of the creeks or streams of this State any oysters and take themaliVITutst
up during the months of July and August: Provided that takingljp,171°ia
them up with tongs is not hereby prohibited. The penalty for August.
this offence shall be fifty dollars, to be recovered as other penalties
are.
SECTION 12. The party taking out a, license for himself, under Oath to ho
this act, shall take an oath, to be administered by the collector,
before the license is delivered, that he will not violate, or consent
to the violation, nor allow the vessel used by him in the prose-cution
of the business for which said license is granted to be
employed in the violation of this act.
SECTION 13. A license to plant under this act, or to dredge Ouly oue-merely,
shall be taken to allow the use of one vessel only in that i'7,e,Lal"
business, and in every case of license granted the applicant shall
state the name of such craft, and the license itself shall have her
name inserted therein.
SECTION 14. The Governor shall cause the necessary licenses uovemor
under this act to be prepared and supplied to the Collector afore- Lumtz " -
said, to be dispensed by him when called for under this act.
They shall be in the usual form, except that they shall be adapted
to the nature of the privilege granted.
24 LAWS OF DELAWARE.
CONCERNING THE PUBLIC .REVENUE.
Collector to SECTION 15. The Collector shall be appointed by the Governor,
bbey "t'hme iGnotevd- and before he enters upon the duties of his office shall (rive bond,
eroor. with surety to' be approved by the Governor, in a sufficient penal
Bowl, sum for the faithful discharge of the duties of his office. Said
bond shall be recorded in the Recorder's office of Kent county,
and the original (which shall be filed in the office of the Secre-tary
of State,) or a copy thereof from the record, duly certified,
shall be evidence. The said Collector shall take the usual, oaths
of office.
Dollen or SECTION 16. It shall be the duty of the Collector to see that
Collector, the provisions of this act are duly enforced; and when be is
acting in the discharge of his duty in that respect, the said watch-boat
and her company shall be under his orders. And further,
he shall be and hereby is clothed with all powers necessary to
prevent violation of this act, there being hereby given to him
for that purpose the full authority conferred upon the captain or
person in command of the watch-boat by the fifth section hereof.
An - SECTION 17. There shall be an additional justice of the peace
ti°"1 J". for the county of Kent, to reside at Little Creek Landing afore- lice of the
Peace ern- said, who shall have all the ordinary powers of a justice of the tett. peace under the constitution and laws of this State; but it shall
be his special duty to administer the law under this act so far as
the same is neither" [withinj the scope of' the jurisdiction of a
,justice of the peace, or as he is charged with any duty here-under
; two-thirds of each branch of the Legislature concur in
the passage of this section.
Compeubkt- SECTION 18. The compensation to the said Collector for his
Conto Col- services under this act shall be five per centum of the money lector.
collected and paid over by him, but shall not exceed 1,000 dollars
per annum, and that to the captain and crew of the watch-boat
shall not exceed eighty dollars per month for the captain and
forty dollars per _month for each of the crew, they finding their
own board. It shall be paid out of the money collected under
this act, a sufficient amount of which is hereby appropriated for
that purpose. Warrants of the Collector therefor, drawn on the
State Treasurer, shall be the form of' such payment.
Money yob SECTION 19. All money collected by the Collector under this
looted nhall
for the act shall be for the use of the State, and shall be deposited by
the him so soon as may be in the Farmers' Bank at Dover, to the State. credit of the State Treasurer, but so much of it as shall be
necessary to enable him to pay the expenses incurred by hini by
authority of this act, including his commission, is hereby appro-priated
and shall be subject to his warrants upon the State
U Ii enrolled bill.
CAWS OF DELAWARE.
CONCERNING THE PUBLIC REVENUE.
'Treasurer, which warrants, so far as the expenses of the watch-boat
and her company are concerned, are already provided for
in the seventeenth section of this act. The said Collector shall,
by the tenth day of April, in each year, commencing with the
present year, render, under oath to the State Treasurer, a faithful
account of all money received by him under this act, and the
disposition hereof [thereof] according to the foregoing provisions.
SECTION 20: The Secretary of State shall cause a certified Secretary of
copy of this act to be forthwith published for one month in three:VilsTchis
. of the newspapers of the State. act.
SECTION 21. And be it further enacted, That where a party When a boat
planting shall use a boat for that purpose of not greater burthentLTIr
than two
tons'
he shall only be obliged to pay for the privilege= o'brr
of planting, that, is, twenty-five dollars, and the license to him planting.
shall be restricted accordingly.
Passed at Dover, February 1, 1871.
CHAPTER 14.
CONCERN! NO OYSTERS.
AN ACT supplementary to the net entitled, "An Act in relation to Oysters'
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That no what Alan
oyster bed south of a line drawn east from Mahon River Light .11 epoliter-
House to Blake's Channel shall be tiiken to be a public oyster opterbed..
bed, except such as may not be more than three feet below the
surface at an ordinary low water ; and that the said act shall be
read and construed in connection with this act.
SECTION 2. And be it ,further enacted, That to promote the Additional
enforcement without delay of the aforesaid act, where branch ce;T:ild'!e
[breach] of its provisions has been or shall be made, an addi-tional
constable for Kent county shall be and is hereby created,
who shall reside at or near Little Creek Landing, and have all the
powers of a constable when appointed by the Levy Court.
Passed at Dover, March 7, 1871.
25
26
CONCERNING THE PUBLIC REVENUE.
CHAPTER 15.
OF COLLECTORS.
Volume 13, AN Arc to repeal Chapter :195 of the 13th Volume of Delaware Laws. 3S0.
Obnpler 3115 SECTION 1. Be it enacted by the Senate and House of Re2)resen-
13 repealed. tatives of the State of Delaware in General Assembly met, That-
Chapter 395 of 13th Volume of Delaware Laws be and the same
is hereby repealed, and all the laws repealed by the said act be
and the same are hereby revived and reenacted.
Passed at Dover, March 14, 1871.
CHAPTER 16.
OF THE REVENUE OF TIIE STATE
AN A("1` to amend Chapter 117 of the 13th Volume of the Laws of Ilehtware,
Volume 13, entitled "An ttet to raise revenue anti provide for the current expenses of
the Stato government."
Be it enacted by the Senate and House of Representatives qf the
State of Delaware in General Assembly met,
Twa,/,,. SECTION 1. That Section 1 of Chapter 117 of the 13th Vol.
yore, Doc. of the Laws of Delaware, entitled "An act to raise revenue and torn, Deu
tlete, Con. provide for the current expenses of the State government,' be
jInitYu lj Lug' and the same is hereby amended by adding the words " prac-ticing
the profession of law ; practicing the profession of medi-cine;
practicing the profession of dentistry ; conveyancing; acting
as private banker:" after the word "liquors" in the last line of
said Section I.
Section :1 of SECTION 2. That Section 3 of Chapter 117 aforesaid be and
,Cjiyril417 the same is hereby amended by striking out the words " twenty-ameuded.
five," in the sixth line of said Section 3, and inserting in lieu
thereof the word "fifty," and also by inserting, between the
%%words "dollars" and "for," in the same line of said Section 3,
the words " and such agent shall also pay to the Clerk of the Peace,
for the use of the State, at the time of obtaining such license in
each year, two and one-half per centum on the gross amount of
premiums received and assessments collected by such agent.
LAWS OF DELAWARE..
'
CONCERNING THE PUBLIC REVENUE.
during the year immediately next preceding the date of obtain-ing
such license in each year ; and every such agent shall, at the
same time furnish to the Clerk of the Peace a statement showing
the gross amount of premiums received and assessments collected,
and shall verify such statement by his oath or affirmation, taken
before some person who, by the laws of this State, is duly
authorized to administer the same ;" also by striking out the
words "twenty-five" in the seventh line of said Section 3 and
inserting in lieu thereof the word "fifty ;" and also by inserting
between the words "dollars" and " for " in the same line, the
words "and such agent shall also pay to the said Clerk of the
Peace, for the use of the State, the sum of two and one-half per
centum on the gross amount of premiums received and the
assessments collected by such agent during the year immediately
next preceding the date of obtaining such license in each year :
and such agent shall at the same time furnish to the said Clerk shall fur-of
the Peace ,a statement showing the-gross amount of premiums cct,h,°`r11,1°
received and assessments collected, and shall verify snail state- Peace,
or ment by his oath or affirmation duly administered by some
person authorized by the laws of this State to administer oaths ;"Pg':r,w`18,i uotoi
amend said Section 3 further by adding after the word "dollars,-
in the last line thereof the words "for each license to practice
jugglery the sum of twenty-live dollars; for each license as a
lawyer the sum of ten dollars ; for each license as a physician
the sum of ten dollars; for each license as a dentist the sum of
ten dollars; for each license as a conveyancer the sum of ten
dollars; for each license to act as a private banker the sum of
one hundred dollars."
SECTION 3. That-Section L5 of Chapter 117 aforesaid be and the secuo3r
same is hereby amended by adding thereto, after the word "act," ocAtn!,17
in the last line thereof, the words following, to wit : " Every amood.I.
person whose business it is for fee or reward to prosecute or who moat
defend causes in any court of record or other judicial tribunal of l'e1" '-
the United States or of any of the States, or give advice in rela-tion
to causes or matters pending therein, shall be deemed to be a
lawyer within the meaning of this act. Every person (except PliyNielau or
apothecaries). whose business it is for fee and reward to prescribe d"""
remedies or perform surgical operations for the cure of any
bodily disease or ailing, shall be deemed a physician or dentist,
as the case may be, within the meaning of this act. Every Couvey-person
who shall draft any deed, lease, release, agreement, mort- "nr".
gage, will, or any other instrument conveying real estate, for fee
or reward, shall be deemed a conveyancer within the meaning of
this act. Every person shall be deemed a private banker within Private
the meaning of this act who keeps a place of business where credits "'Luke'.
LAWS OF I/ELAM-AIM 27-
CONCERNING THE PUBLIC REVENUE.
are opened in favor of any person, firm or corporation, by the de-posit
or collection of money or currency, and the same or any part
thereof shall be paid out or remitted upon the draft, check or order
of such creditor, but not to include incorporated banks or other
banks legally authorized to issue notes as circulation, nor agents
for the sale of merchandise for account of producers or manufac-turers.
Passed at Dover, May 15, 1871.
CHAPTER 17.
RAILROAD AND CANAL COMPANIES.
volume 13, AN ACT to amend Chapter 392 of the 13th Volume of the Laws of Delaware
377 entitled, "An act taxing Railroad and Canal Companies in this State."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
SECTION 1. That Section 1 of Chapter 392 of the 13th Volume
of the Laws of Delaware entitled, "An act taxing Railroad and
Canal Companies in this State," be and the same is hereby
amended by striking out the word "three," in the tenth line of
said Section 1, and inserting in lieu thereof the word "ten."
SECTION 2. That Section 2 of Chapter 392 aforesaid, be and
the same is hereby amended by striking out the word "State,"
in the twenty-seventh line of said Section 2, and inserting in lieu
thereof the word "county."
SECTION 3. That Section 4 of Chapter 392 aforesaid, be and
the same is hereby amended by striking out the words "one-fourth
of;" between the words "of" and " one" in the eighth line
of said Section 4, and inserting in lieu thereof the. words "one-hail
or
SECTION 4. That Section 5 of Chapter 392 aforesaid, be and
the same is hereby amended by striking out all of said Section 6
between the words "to," in the twelfth line and "inform "in the
fourteenth line of said Section 5, and also by striking out all of
said Section 5 between the words " Section, ' in the eighteenth
line, and "the "in the twentieth line thereof, and also by striking
out all of said Section 5, between the words " Treasurer," in the
28 LAWS OP DELAWARE.
Section 1 01
Chapter 392
Or Vol 13
ti ineudel.
Section 2 of
Chapter 392
or Vol. 13
amended.
Section 4
chlipter 392
or Vol 1:1
itinenthol.
Chapter 392
or Vol. 13
amended.
LAWS OF DELAWARE. 29
CONCERNING THE PUBMC REVENUE.
twentieth line, and "shall," in the 'twenty-first line thereof', and
also by strikino. out the word "State," in the twenty-third line of
said section, and inserting in lieu thereof the word "county."
SECTION 5. That Section 6 of Chapter 392 aforesaid he and section Got
the same is hereby amended by striking out the word "ten," in ocivotri r
the fourth line of said 'Section 6, and inserting in lieu thereofamended.
the wdrd ",twenty," and also by striking out the word "ten." in
the seventh line of said Section 6, and inserting in lieu thereof
the word "twenty."
SECTION 6. That Section 7 of Chapter 302 aforesaid, be and Section 7 of
the same is hereby amended by striking out the word "State " Vog,`eer1F,'
between the words " of " and "taxes," in the second line of said amended'
Section 7, and inserting in lieu thereof the word "county," and
also by striking out the word " State," in the ninth line of said
Section 7, and inserting in lieu thereof the word "county," and
also by striking out the word "ten," in the fourteenth line of said
Section 7, and inserting in lieu thereof the word "twenty."
Passed at Dover, March 23, 1871.
CHAPTER 18.
OF THE REVENUE OF THE STATE.
A Supplement to the net entitled, "An act to amend Chapter 117 of the 13th
Volume of the Laws of Delaware, entitled 'An net to raise Revenue and
provide for the current expenses of the State Government.
SECTION 1. Be it enacted by the Senate and Howe of Represen..
tatives of the State of Delaware in General Assembly met, That Not
it shall not be necessary for any person having a license to prac-;"Wye'rrtl,1
tice law under the laws of this State to take out a separate at.dkdvountr
license for conveyancing; but a license to practice law shall etevnos;
animIcer confer upon the person having such license the right to draft any
deed, lease, release, agreement, mortgage, will, or any other
instrument conveying real estate, without any additional or other
license therefor.
Passed at Dover, March 27, 1871.
80
bo kept it.
taut], dud
..1111 ni,
plied to tho
porohnno
Stith. hood,
Which
c000dituto
oillk log tuna
CHAPTER 10.
CONCERNING OYSTERS.
AN All' to perfect the legislation of the present. session of the General
Assembly in reference to Oysters, awl for other purposes.
SECTION 1. Be it enacted by the Senate and House of Represen-
N,,,,,,, tat ices (?t' the State of Delaware in General Assembly met, That no
rda wirayg ea wora y person, be he a resident or non-resident of this State, shall dredge
tbr and take and carry away any oysters now
growing'
or here-
C011., after to grow in the Delaware Bay or River, unless he shall have ,vithout
tirst taken out one or the other of the licenses provided for by
the act passed at the present session of the General Assembly,
entitled, "An act in relation to Oysters ;" and in case of violation
Au "tIrmte% of this act, the °Render shall be deemed guilty of larceny, and
gmlly of
ir,uy. be punished accordingly. And in order to promote the execu-tion
of this act, but for that purpose only, the oysters growing,
nyt.,D on or being at any time in the said bay or river, on bottom over
three feet deep at an ordinary low water, and not within any
uI plantation authorized by the aforesaid act, Shall be held and within a
0.0mt.a, taken to be in the custody, and may be described in any pro-
,n0.1101,0ceeding for violation of this act as the property of the person
1Y"1who, at the time of prosecution, may be the Collector under. the
said act ; which said person shall, by reason of his office of
Collortor to Collector, be the bailee of the said oysters, and have the same
dtZ kind of special property therein as bailees have by law of
'Ted"' Pr". property in their possession by bailment under contract. This
act shall not conflict with the act aforesaid.
an- SECTION 2. And be it further enacted, That the money arising
from the licenses provided for by the act aforesaid shall be kept
as a separate fund by the State Treasurer, and after paying
thereout the expenses attending the execution of said act, shall
be applied by him to the purchase of State Bonds, which shall,
from thenceforth, constitute part- of a sinking fund for the
payment of the public debt.
Passed at Dover, March 2, 1871.
LAWS OP DELAWARE.
CONCERNING THE PUBLIC REVENUE. .
a,
'FLAWS OF DELAWARE. 31
CONCERNING TIM PUBLIC REVENUE.
CHAPTER 20.
OF TIIE REVENUE OF THIN STATE.
AN A.C1' to amend chapter 117 of the 13th Volume of the Laws of Delaware Volume 13,
entitled, "An act to raise revenue," iSte. 10a.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly ?net,
SECTION 1. That Chapter 117 of the 13th Volume be amended 87VottelvAig
in the fifth section by inserting, between the words " person " and ofIVI'ol. 13,
" who," in the tenth line, the words " other than the clerk or '"""°'''
^assistant of any life insurance agent who shall have become
qualified to conduct and carry on the bnsiness of life insurance
agent as provided- for in Section 2 of said Chapter 117 at the one". IZkk,
place designated in his license."
s
SECTION 2. That Chapter 117 of the 13th Volume be further secuon'5gt
amended in the fifth section by inserting, between the words'nrilf
" person " and " who," in the fifteenth line, the words " ether than amended.
the clerk or assistant of any fire insurance agent who shall have
become qualified to conduct and carry on the business of fire
insurance agent as provided for in Section 9 of said Chapter 117
at the one place designated irr his license."
Passed at Dover, March 29, 1871.
CHAPTER 21.
OF THE REVENUE OF THE STATE.
AN A( "I' to amend Chapter 390 of Volume 13 of the Laws of Delaware. Vol, 13, n7.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
SECTION 1. That Chapter 390 of Volume 13 of the Laws of Section 1:1 of
Delaware be amended by striking out, in the twelfth' section, all Co fu\ PoTut
between the words "to;" in' the tenth line, and "and" in the 13 amended.
eleventh line, and inserting in lieu thereof the following words,
to wit : "taxation, and pay the following taxes, that is to say :
where the successor shall be a brother or sister, or a descendant Ratan of tux
of' a brother or sister of the predecessor, a tax at the rate of one ,,e,lreigMeitay.
per c,entum upon the value of the estate; where the successor
shall be a brother or sister of the father or mother, or a &seen.
32
CONCERNING THE PUBLIC REVENUE.
dant of a brother or sister of the father or mother of the'
predecessor, a tax at the rate of two per centum upon the value
of the estate ; where the successor shall be a brother or sister of
the grandfather or grandmother, or a descendant of the' brother
or sisters of the grandfather or grandmother of the predecessor, a.
tax at the rate of three per eentum upon the value of the estate ;.
where the successor shall be in any other degree of collateral
consanguinity to the predecessor than is hereinbefore described,
or shall be a stranger in blood to him, a tax at the rate of five.
per centum of the i,alue of the estate: Provided that no tax shall
be levied in respect of any succession existing before or subse-hit
piipj quent to the passage of this act, where the successor shall be thc.
wife of the predecessor." A
aala 307 Passed at Dover, March 29, 1.71.
1-tre7vi Qe.)
CHAPTER 22.
OF THE REVENUE OF THE STATE.
AN ACT to raise Revenue for State mkt .Cottlity purposes.
Be it enacted by the Senate and House of Representatives of the-
State of Delaware in General Assembly met,
iuvo,tmoutb SECTION 1. That in additi,on to real and personal property
Ihtble to tax- liable to assessment and taxati:n, all debts secured by or due on talon for
Cuttuty uud judgment, decree, recognizance, mortgage, or bond, from solvent Slate pur-p0BCS.
debtors (except debts due for goods sold and delivered, and work
Except". or labor done and performed); all stocks or shares owned by resi-dents,
firms, associations of persons, or corporations of this State,
in any bank, institution, or company incorporated in any other
State or Territory, or in the District of Columbia ; all debts due
to residents, firms, associations of persons, companies, or corpora-tions
in this State by solvent debtors residing out of this State,
(except debts due for goods sold and delivered, and for work or
labor lone and perlbrmed); all investments in securities or
stocks of other States, or of companies incorporated by other
States, or by the United States, made or held by residents, firms,
companies, associations of persons, or corporations of this State,
and all investments in public loans and stocks whatever, made or
held- by residents, firms, companies, associations of persons, or
corporations in this State, except in those created or issued by
LAWS OF DELAWARE.
LAWS OF DELAWARE. 33
CONCERNING THE PUBLIC REVENUE.
the United States, and exempt from taxation, mid such as have
been issued by this State, and exempt from taxation, shall also
be liable to assessment anti tax for public purposes.
SECTION 2. That the assessors of the severaf hundreds in this Duty or the
State, whose duty it is to'assess the real and personal property gnsos,Xa?r.
therein, shall ascertain and assess at their actual cash .value a1l.1:retread,
debts, stocks or shares, securities and investments whatsoever v'esiineni,.
liable to assessment under the next preceding section so as to be lajeasTmeZiN;
returned to the Levy Court of the several counties of this State ttstrtialr.
on the first Tuesday of February, eighteen hundred and seventy-!r=
two, and on the first Tuesday of February in every year thereafter, day or F91,-
and for this purpose shall call upon every person, firm, company,
association of persons or corporation owning or holding any
debts, stocks or shares, securities and investments liable to assess-ment
as aforesaid, who shall,. when so called upon, make a true
statement and disclosure of the amount thereof. The assessor May require
aunsretreourtnt may, if he deems it necessary, require such statement or disclosure
to be made under oath or affirmation, which he is hereby author-ized
to administer. The oath or affirmation of any arm may be Affidavit of
-made by any member thereof, and in case of a corporation byIliZgirr-the
president, treasurer or cashier thereof. The assessor shall
also have access to the records of the offices of Prothonotary, rnor
Recorder of Deeds, Clerk of the Orphans' Court and Register in agesere-
Chancery, in the several counties of this State, free of charge, "rib'
for the purpose of obtaining information therefrom in respect to
debts secured by of due on judgment, decree, recognizance,
mortgage or bond. If any person, firm, company, association of rinur
persons or corporation shall make any statement or disclosure ,,autt."'
respecting any debts, stocks or shares, securities and investments,
liable to assessment as aforesaid which is false and fraudulent,
the Levy Court shall add fifty per centum to the tax upon the
assessment of such pefsons, firms, companies, or corporations
hereinafter imposed.
SECTION 3. That eabh assessor shall make a written statement Vro," ,%vitattlzake a of the assessment of all debts, stocks or shares, securities and
Atei t of investments liable to assessment as aforesaid, for his hundred
showing the names of the owners or holders thereof, arranged
alphabetically, the amount of each owners or holders assessment,
and the amount of the assessment of the whole hundred.
SECTION 4. That all the provisions of the Revised Statutes ofnw,
this State, the amendments thereto, and all the existing laws,a7,;!.iesicii,it:
relating to the assessment of real and personal property and 011,
the duties and powers of the Levy Court, Clerk of the Peace,
and Assessors of the several counties respecting such assess-ments,
shall apply to the assessments made under this act, so far
3
lieu of As.
SUMO/H.
County
taxes to be
paid to
County
Treasurer.
'CONCERNING THE PUBLIC REVENUE.
as they are consistent therewith, if not herein otherwise provided
for. The assesiors of the several hundreds shall be qualified in
the same manner and at the same time as is prescribed in Section
19 of Chapter 10 of the Revised Statutes, aforesaid, before
entering upon the duties imposed by this law.
Apportion- SECTION 5. The Levy Court of the several counties shall,
every year, apportion and lay the road, poor and county taxes lo be laid by,
Levy Court. to and upon the assessments made under this act, as well as upon
the assessments, of real and personal property and poll, at and
according to the same rate and in the same manner as is provided
in Section 18 of Chapter 8 of the Revised Statutes of this State:
Proviso ab to Provided however, That the Road Commissioners of Ne* Castle
the duty of
road corn. county shall ascertain, lay and apportion the road tax to and
omfi sNseiown eCrsa s. upon the assessments aforesaid, as is provided in Chapter 60 of
tie colmlY the Revised Statutes of the State. The said Levy Court shall,
at the time of laying the county, road, and poor taxes, also lay
and apportion a tax of ten cents on the hundred dollars, and so
pro rata, to and upon the assessments of real and personal
property, and poll, and of all debts, stocks or shares, securities
Tax to be and investments as they shall stand upon the aforesaid assessment
paid to the
Slate Trott- lists of the several hundreds, which shall be set apart for the use
'quera
within of the State and paid to the State Treasurer by the County ten dys
after receiv- Treasurer of each county within ten days after receiving the
lux the
battle. same. The duplicate of the assessment list of each hundred
required to be issued by said Section 18 of the Revised Statutes
aforesaid, with the warrant theieto annexed, as hereinafter
amended, shall include a duplicate of the assessment list made
cathcalptnorSSooff under this act. Section 18 of Chapter 8 of the Revised Statutes
Retvei8soedu nSetna-. aforesaid be and it is hereby amended by striking out the word
dud. "and," in the twenty-sixth line of said Section 18, and inserting
between the words " county " and "taxes," in the same line, the
words "and State," and by striking out the word " and " in the
thirtieth line of said Section 18, and also by inserting in the --
thirty-first line of said section between the words " tax " and
" and " the words "and the rate of ten cents per hundred dollars
for the use of the State."
Bond of the SECTION J. The bond which -each collector is required to give Collector to
extend to the by Section 2 of Chapter 12 of the Revised Statutes aforesaid,
traaxtce8s Luidd with the condition and warrant of attorney subjoined thereto,
','niJr thin shall include and apply to the rates and taxes laid and appor-tioned
under this law.
SECTION 7. The county, road, and poor taxes laid and appor-tioned
_under this act shall be paid to the County Treasurer by
the collectors of the several hundreds of the State at the same
times and in the same manner as is provided in Sections 7 and 8
34 LAWS OF DELAWARE.
!LAWS OF DELAWARE. 35
CONCERNING THE PUBLIC MEVENUE.
of Chapter 12 of the Revised Statutes aforesaid. The tax \Ville11,State tax
is hereby levied and set apart for the use of the State shall be grdre
paid also to the County Treasurer, as follows: One-half part on 7 .,°reuansturer. the 'first day of August, and the other half part or residue on At NOlutt
-the first day of January in every year, and all the receipts taken rtitttios to be
by the collectors 'aforesaid shall be the same as is provided in
.Section 9 of Chapter 12 of the Revised Statutes aforesaid.
SECTION 8: All the provisions of the Revised Statutes of this Provielons
Iteetvol anepd. .State, the amendments thereto, and all the existing laws relating
to the collectors, and the collection of county, road, and poor 0Yhereto.
taxes, and the application thereof by the County Treasurer
aforesaid, and to 'the assessments of real and personal property
.and poll for county purposes, and the taxes levied thereon, shall
apply to the same subjects in this act, so far as they are consistent
'therewith, and net hereinbefore otherwise proVided for.
SECTION J. It shall be the duty of the County Treasurer to Rua.e of
receive and demand the tax hereby set apart for the use of the m°reuanstii"rer.
.State from the collectors, which they are required by their du-plicates
and warrants to collect at the times hereinbefore specified
for the payment of said taxes, and immediately upon the passage
of this act the County Treasurer shall give additional bond to mum gtve
the State in a penal * amount of which to be determined by thetit,11,11'
Levy Court of each county, with sureties to be approved by the
Levy Court, with the same condition as is prescribed in Section
2 of Chapter 13 of the Revised Statutes aforesaid, with warrant
of attorney to confess judgment thereon.
SECTION 10. That immediately' afterthe passage of this act spe,11,v,.
the assessor aforesaid shall proceed to make a special assessnientrel=tTr
of all debts, stocks or shares, securities and investments what- rear.
soever, liable to assessment as aforesaid in their respective
hundreds, in the same manner as the annual assessments thereof
are required to be made for the present year, and as soon as they
are completed shall return them to the Levy Court aforesaid, and
for the purpose of receiving said special assessments said court
shall sit on the first Tuesday of June, 1871, and on such other Levy Court
days and times thereafter as it shall be necessary to adjourn to. VLIVanyaort!''
After the said court shall have heard the appeals therefrom, and June,
made the corrections and additions thereon, as in, cases of the
annual assessments, they shall proceed to lay and apportion the
taxes for county and State purposes, and issue the duplicates
therefor, as directed in Section 5 of this act, to the collectors of
the several hundreds, who are hereby required to collect the
taxes thereon in the same manner as the taxes are on the dupli-cates
of the annual aSsessment lists of the several hundreds.
So enrolled.
36 LAWS OF DELAWARE..
CONCERNING THE PUBLIC REVENUE.
SECTION 11.*. When the owner of any real estate has a judg-.
ment on the same, be shall be allowed, in payment of his tax, a
deduction from the amount of which he has been assessed an
amount eqUal to the tax oti said judgment.
All acts t. SECTION 12. That all acts and parts of acts inconsistent with
consistent
herewith are this act be and the same are hereby repealed: Provided however,
repealed
at that all laws relating to the collectors of county, road, and poor-all
laws re- taxes, and the collection and application thereof, and the official
biting to bboonnddss of said collectors, shall remain in full force until said col-
Alan remain
in rorce until shall have paid over all money or moneys named in their
Collectors
shall pay respective duplicates after due allowances for all proper .deduc--
over the t1011S and delinquences have been made as directed by law: And' amounts on
their dupli- provided further, that the official bonds of the county treasurers
eates. of the several counties shall remain in force until all taxes in l'rovlso. their hands, or which may come into their hands from the
collectors aforesaid, are properly applied.
Allowing SECTION 13. That any creditor may contract with the debtor
:,:orendtri taocr. to
't to pay, in addition to lawful interest, the tax imposed by this.
with debtors nm..
to pay the "'"'
tax. Passed at Dover, March 30, 1871.
*Section 11 woe stricken out by a coapplement to the above act.
CHAPTER 23.
OF TIIE REVENUE OF TIIE STATE.
AN ACT to amend an net entitled "An act to raise Revenue for State and
County purposes," passed at Dover, March 30, 1ST!.
Act to raise SECTION 1. Be it enacted by the Senate and House of Represen-
"""""" State aud tatives of the State of Delaware in General Assembly met, That
County ritr. the act entitled "An.act to raise Revenue for State and County )10H011 amen
ded by htrl- 1)1111)0SCS," passed at Dover, March 30, 1871, be and the same is.
king out See- unn 11 herebyb y amended by striking out the eleventh section of said act.
Passed at Dover, March 30, 1871.
LAWS OF DELAWARE. 37
CONCERNING THE PUBLIC REVENUE.
CHAPTER 24.
OF THE REVENUE OF THE STATE.
AN ACT Taxing Manufacturers and for other purposes.
Be it enacted by the Senate and House of Representatives of the
.the State of Delaware in General Assembly met,
SECTION 1. That every individual, association of persons, firm Any }lemon,
or corporation engaged as owner or owners in the production or'
. manufacture, by hand or machinery, of goods, wares or mer- iunm ainedu gdaagsehl,
chandise, or of any article or material, or any combination or lug to con- r composition of any articles or materials of every nature and tgi:gueed°11;the
.6? substance whatsoever, except the usual farm products for home=,:,c,`kr):,
7 consumption or market purposes, and desiring to continue in e, nonaus"wares said production or manufacture, shall annually hereafter, on or and Ler-before
the first day of June, take out a license to engage in said 'L
fi production or manufacture, for which such individual, association'tY=1
, of persons, firm or corporation shall pay, for the use of the State, =tont
the sum of five dollars to the Clerk of the Peace of the county The amount
r3 in which such individual, association of persons, firm or corpo- to "paid'
/ ration is engaged and desires to continue engaged in such pro-
, y- duction or manufacture ; and every such individual, association of
co persons, firm or corporation shall, on or before the said first day
, of June annually hereafter, before taking out- said license, file shim file
with the said Clerk of the Peace a true statement of the aggregate 0"r'l
ttlItmeg::Ictee
.;) cost value of all the goods, wares and merchandise, and of all nastozeitaito.001;
; articles and materials, of every nature and substance whatsoever, goods pro-
1 which such individual, association of persons, firm or corporation 'Inc".
I. 2, shall have produced or manufactured as aforesaid during the
2 ) year immediately preceding the date aforesaid. The said state- Statemeat to
1.1 ment shall be verified by the oath or affirmation of such indi-vidual,
of one member of such firm or association of persons, or """"""".
p, of the president or other presiding officer of such corporation,
2 that such aggregate cost value does not exceed the sum named,
7 I and the said oath or affirmation may be taken before any person
z 7 who, by the laws of this State, is duly authorized to administer
3 the same. In the said statement the said .aggregate cost value What ouch
3i shall consist of the original cost value of the raw material befurbTarntist
3 I it is manufactured, together with all the costs incurred and money of.
33 expended in producing and manufacturing the same. Every
3 a such individual, association of persons; firm or corporation, so as
j aforesaid engaged and desiring to continue engaged in said pro-b
duction or manufacture, shall, on or before the said first day of The amount
I 1 June annually, before taking out the said license, pay to the to ir t said Clerk of the Peace, for the use of the State, in addition to tittuili`i
38 LAWS OF DELAWARE..
CONCERNING THE PUBLIC REVENUE.
3 9. the above named sum of five dollars, the further sum of
on the amount of said aggregate cost value, if the amoounen?dto llar 0
of the same does not exceed one thousand.dollars, or if it does,ui
exceed that amount, then the sum of ten cents for each one hun-dred
dollars of such cost value of such production or manufac-tures.
The license shall authorize the production or manufactures/
of goods, wares, merchandise, or of any article or material or
Tim license any combination of any article or material, only at one place b
fpolar coen,l yf oor ne and for only one year from the first of June. In case any indi-one
year. vidual, association of persons, firm or corporation desires to besir
Concerning engaged as owner or owners in such production or manufacture,hict
those desi-ring
to en he, she or they not having been engaged in said production or pp
et, manufacture during the year immediately next preceding, shall,
before commencing such production or manufacture, take out a
shim take license for the six months thence next ensuing, first paying to the
f"o"r1 si1x" "" said Clerk of the Peace the sum of five dollars, and at the expi-mont
hs, ration of the said six months he, she or they shall obtain another J. r
License for license which shall be valid until the first day of June following, .1.4
the remain-der
of year, upon his, her or their filing with the said Clerk of the Peace a J-7
Statement of true statement verified by oath or affirmation as aforesaid of such 1").
e"Ht v"I"" ur individual, or one member of such association or firm, or of the ,r9 good8 m ti-ract
tired, president or other presiding officer of such corporation, of the. 1.) preceding 13
Months towaggregate cost value of all the productions or manufactures so as-0. /
aforesaid produced, made and manufactured by such individual,
Pence. association of persons, firm or corporation the next preceding 6,o
. six months ; such individual, association of persons, firm or cor- iH poration paying to the said Clerk of the Peace, for the Use of the to r
Poi lerk to State, the same taxes as aforesaid rated in proportion to the time 6 C of t
P heeace. during which said last mentioned license shall be valid : Provided, to '7
That property so made or manufactured as aforesaid, not exceed- c.! r
dred dollars ina in each year the value of five hundred dollars, shall be ex- w 7
exem pt. cmpted from the payment of said tax and license: And provided
Any ono further, That no individual, association of persons, firm or cor-taking
ont poration, having paid the said tax imposed upon them under this
this act shall be liable to the payment of the tax or taxes imposed
net not Nide I
to IntY lux upon individuals, associations of persons, firms or corporations for selling
goodA, sm. engaged in or desirin,, to engage in the business and occupation
of purchasing and atilling goods, wares, merchandise, produce
and property. That this section shall be held to include persons, thins and
kinds of associations of persons, firms or corporations engaged as owners
iii or principals in the following occupations and kinds of business:
Makers of agricultural implements.
Manufacturers of phosphates and other fertilizers, and of lime.
Manufacturers of cigars, tobacco and sniff.
Makers or builders of railroad ears.
LAWS OF DELAWARE. -
CONCERNING THE PUBLIC] REVENUE. .
Manufacturers or builders or makers of carriages, velocipedes
and sleighs.
Wheelwrights. .
Ship carpenters or builders or repairers of sailing or steam
vessels or boats of every description.
Sail, tent, awning or tag makers.
Coopers.
Turners of wood, iron, brass, or other materials.
Millers, including -flour, bark, grist and saw-mills, except mills
doing custom work exclusively, the toll of which do not exceed
five hundred dollars a year.
Box. makers.
Undertakers, cabinet-makers, upholsterers.
Manufacturers of molding, window-sash, doors, shutters, blinds,
and makers of picture-frames.
Machinists, boiler-makers and car-wheel manufacturers.
Founders of brass, iron, steel and other metals.
Manufacturers of iron, and articles made of iron, brass, steel,
copper, tin and other metals.
Contractors for building houses, bridges, railroads, &c.
Manufacturers of steam engines, locomotives and repairer, of
machinery, mechanical implements and machinists' tools.
Manufacturers of gunpowder.
Manufacturers of cotton, wool and linen, and other textile or
felted fabrics and hoop skirts.
Manufacturers of matches.
Manufacturers of hardware and cutlery.
Manufacturers of boots and shoes, hoes, belting or other articles
composed wholly or in part of leather, (rum or gutta percha.
Manufacturers of jewelry, watches 111171 clocks.
Merchant tailors and manufacturers of ready-made clothing,
not including clothes made of niaterial furnished by customers.
Tanners and manufacturers of morocco and other leather.
Distillers, brewers and vinegar manufacturers.
Gas manufacturers.
Manufacturers of steam and gas fixtures.
Plumbers, soap and candle makers.
Bakers, candy and confectionery makers:
Paper makers, blank book manutiteturers, book binders and
printers.
Hatters and furriers
Manufacturers of spice and chocolate.
Rope, cordage and block and tackle, spar and pump makers.
Potters and persons engaged in the manufacture or making of
brick and tile.
39
40 - LAWS OF DELAWARE,
CONCERNING TEE PUBLIC) REVENUE.
Manufacturers and refiners of coal oil or petroleum, and oils
of every other description.
Manufacturers of articles made of stone or marble.
Canners of fruit, vegetables, meats, fish and oysters.
Manufacturers of quercitron bark, corn husks and sorghum.
Manufacturers of baskets and peach and berry crates, kindling
wood.
Manufacturers of barrel staves and headings.
Manufacturers of drugs and chemicals.
[Manufacturers on surgical apparatus, including trusses, sup.'
porters, false limbs and bandages.
Glass manufacturers and cutters.
Manufficturers of te3th.
Carvers, ongravers, sculptors, painters, toy makers.
Manufacturers of blacking and writing fluids.
Penalty fo r SECTION 2. That if any individual, association of persons, firm
manufactar- or corporation shall engage, as owner or owners, in the produc- ing withou t . tion or manufacture, by hand or machinery, of said goods, wares
and -merchandise, articles or materials, within the limits of this
State, without obtaining, at the time or times above mentioned, a
proper license therefor, and without paying the tax afbresaid,
he, she or they, and the individuals composing such firm or
association of persons, and each of them, and the president and
directors,' and each of them, of such corporation, for every such
offence shall be deemed guilty of a misdemeanor, and upon
conviction thereof by indictment, besides being liable to the
payment of said taxes,*a fine not exceeding five hundred dollars.
Fees for the SECTION 3. The officers hereinafter mentioned are hereby
u" of,
rothe authorized and required to demand and receive, in addition to State t: the fees heretofore required by law, the following sums for and
on account of the State, which shall be pre-paid by the parties
applying for the process or service mentioned, and which sum
shall be taxed in the bill of costs, to abide the event of the suit,
and be paid by the losing party. The Clerk of the Court of Clerk .tf tlte
Court of sr- Errors and Appeals shall demand and receive for every writ of
and error issued out of said court, and for every appeal entered in
Recorder or said court, the sum of live dollars. The Recorder of Deeds shall
Deed, demand and receive for every deed recorded, fifty cents, and for
every mortgage fifty cents for every five .hundred dollars or
fractional part of five hundred dollars secured thereby, and on
every other instrument of writing recorded, except marriage
returns, fifty cents. The several Registers of shall demand
and receive for the probate of a will and letters testamentary
thereon, the sum of fifty cents, and for granting letters of admin-
""0-"'"" istration the sum of fifty cents. Every Register in Chancery
LAWS OF DELAWARE.
CONCERNING THE PUBLIC REVENUE.
shall demand and receive for every subpcena issued upon the
filialg of any bill of complaint or petition, and on every summons
issued l in partition, the sum of one dollar.
SEcTioN 4. The Clerk of the Court of Errors and Appeals, The officers
the Recorders of Deeds, the Registers of Wills and Registers in naitslitir
Chancery shall, on the first day of July next after the passage
Of this act, and at the expiration of every three months there-after,
make returns to the State Treasurer of all sums in their
hands, received under the provision or this act, belonging to
the State, with a full statement, in writing, setting forth the
sources from which such amounts have been received, and shall
verify such statement by oath or affirmation, made before some
person authorized by the laws of this State to administer the
same, and shall pay over to the State Treasurer. at the time of
making such return, all such sums as shall respeetively be due
from them to the State, less one per centurn on such amounts,
which they are hereby authorized to retain as compensation for
the services rendered under this act.
SECTION 5. That all of Chapter 390 of Volume 18 or the Laws chvtor
or Delaware, entitled "An act providing revenue for this State,"113, ex4c7pie
passed at Dover, April 8th, 1869, after the enacting clause iefirnt R oQnO°.
said chapter, except Sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 pealedr. e
and 22 of said 890, in relation to collateral inheritances, distribu-tive
shares and legacies, be and the same is hereby repealed,
made null and void : Provided the said Chapter 390 aforesaid
shall remain in full foace and virtue as against the collectors Saving
named in said act, until the said.collectors shall pay over to the 11!I
State Trreasurrerr all sums in their hands which they may have Letctorand
collected under the provisions of said act, or until they shall surer.
collect and pay over to said State Treasurer all sums, or taxes,
upon the duplicates now in their hands, and that the official
bonds or said collectors shall remain in full force and virtue until
the said sums or money or taxes are paid over to the said State
Treasurer as aforesaid : And provided farther, That the addi-
, tional bond of the said State Treasurer to the State, as is provided
for in said Chapter 390, shall hereafter remain in full force and
virtue as though said act had not been repealed, and that the
said State Treasurer shall duly account, according to law, for all
moneys and taxes paid over to him by the collectors aforesaid.
SECTION 6. If any Clerk of' the Court of Errors and Appeals, Pena
Recorder, Register of Wills, or Register in Chancery shall neglect duiiy a-or
refuse to make the returns required by this act, or shall neglect"'
or refuse to pay over to the proper officers the amount in their
hands respectively, belonging to the State, for a period of ten
days after such payment should have been made, such officer so
RESPECTING ELECTIONS.
in default shall pay to the State double the amount so by him
received, and the Attorney-General shall immediately Sue for the
same, and such defaulting officer shall be guilty of a misdemeanor
in office and upon conviction thereof shall be removed from office--
by the Governor upon the application in writing of the Attor-ney-
General.
Passed at Dover, March 30, 1871.
TITLE THIRD.
Of Elections.
CHAPTER 2,-).
OF TIIE GENERAL ELECTION
Rev. "ode, AN A( "I to amend Chapter is of the Revised Code, entitled "Of the
Iienoral Election."
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That.
etion 17 aChapter 16 of the Revised Code, entitled " of the General Elec
don," be and the same is hereby amended by striking out Section
"""'"''. 17 of the said Chapter and inserting in lieu thereof as Section 17'
Election the following : " The general election shall be opened in every
';:-':4Vd:::- hundred on the Tuesdqy next after thefirst Monday in the month
of November, in the year in which the same is held, between the d.wk
A. 3I hours of eight and nine o'clock in the morning, by the Inspector
making proclamation that the same is open.
Any rum,/ SECTION 2. And be it farther enacted, That in any edition of
edio.,J, or 1 the 1,,, I tne statutes of this State hereafter to be published the printing,
"thnlra"cItn. to thereof shall be conformed to the provisions of this act.
Passed at Dover, March 23, 1871.
42 LAWS OF DELAWARE.
LAWS OF DELAWARE. .43
TITLE FOURTH.
Of Certain Public Officers.
CHAPTER 26.
OF CONSTABLES.
AN ACV authorizing the appointment of alt additional C'onstable in New
Castle County.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That Levy court
the Levy Court of New Castle county be and the said Levy Court flate'de7c".'
is hereby authorized and required to appoint an additional Con-stable
for New Castle county, who shall reside in the town ofinnoual cm,
Odessa, in St. George's hundred, in said county. Such constable"th'
shall have all the powers and perform all the duties pertaining
to the office of constable under the laws of this State, except
that he shall not be required to attend to any business, without
his consent, at a greater distance than one mile from said toWn.
The office of constable hereby created shall continue until this
act shall be repealed, and aPpointments thereto shall be made
and vacancies filled in the same manner as provided in similar
cases by the laws and constitution of this State.
Passed at Dover, January 26, 1871.
CHAPTER 27.
OF CONSTA Br, Es.
AN Ayr relating to Constalles,intiristiana 'Hundred, in New Castle
County.
SEO'l'ION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, (two-thirds
of each branch concurring therein,) That the Levy Court of. 11170f.,;ogt
New Castle county be and they are hereby authorized and re- ;I!
quired to appoint three (or more) constables in New Castle oto, II'Ioiut :4
county, (as the case may require) one of whom shall reside in or Ktabie,
44 LAWS OF DELAWARE.
IN RELATION 'TO PUBLIC OFFICERS.
near the village of Newport, one in or near the Rising Sun vil-lage
on the Brandywine, and one at Biddle's Mill on the Brandy-wine,
hundred and county aforesaid.
inmi,igent SECTION 2. And be it further enacted, That all acts heretofore
aied. enacted relating to constables in Christiana Hundred, in New
Castle county, be and the same are hereby repealed, and that this
act be deemed a public act.
Passed at Dover, February 2, 1871.
CHAPTER 28.
JUSTICES OP TIIE PEACE.
AN A( '1' to enable the Governor to appoint an additional Justice of the
Peace and Notary Public for New Castle county, to reside at or near the
village of Newport.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, (two-
Addltleual thirds of each branch of the Legislature concurring), That the Joetleo or
the Peace et Governor be and he is hereby authorized and empowered to
Newport. appoint an additional Justice of the Peace for New Castle county,
who shall reside at or near the village of Newport, in Christiana
01,;crey .hundred ; also to appoint said Justice of the Peace a Notary
Public. Public, with all the privileges and powers relating to such office.
theoueletent SECTION 2. And be it further enacted, That this act shall repeal
HetA re
pealed. all laws or points (parts) of laws so far as they may be inconsis-tent
herewith, and be deemed a public act.
Passed at Dover, February 2, 1871.
:
LAWS OF DELAWARE.
IN RELATION '1'0 PUBLIC OFFICERS.
CHAPTER 29.
SEAL OF OFFICE.
AN ACT to authorize the Register of Chancery in and for Sussex County
to procure a new Seal of Office.
.SECTION 1. Be it enacted by the Senate and House of _Represen-tatives
of the State of Delaware in General Assembly met, That Hiram T.
Hiram T. Downing, Register in Chancery, in and for Sussex ft'oe;MniFin
County, be and he is hereby authorized to procure a new seal for chat.:ay.to
his office, to be made of brass, of the diameter of one inch at
least, and engraved with the devices of the present seal, which
said seal when completed shall be taken and deemed to be the
seal of the Court.of Chancery of Sussex County in the State of'
Delaware, and shall thereafter be fixed to all writings, papers
and records, where the seal of said court is required, and the
present seal shall be then broken up and destroyed by the said Present seal
Register. to be deft.
SECTION 2. And be it enacted, That the Levy Court and Court
troyed.
Levy Coutt
of Appeal of Sussex County shall pay The necessary cost and to
it:y
the
expenses of procuring the said new seal. seal.
Passed at Dover, February 21, 1871;
CHAPTER 30.
SEAL OF OFFICE.
AN ACT to authorize the Clerk of the Orphans' Court of Sussex county to
procure a now Seal of Office.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That a.T. Down-
Hiram T. Downing, Clerk of the Orphans' Court in and foritg:hcattiesr,k
of
Sussex county, be and he is hereby authorized to procure a new ic,rooncrt4;1
seal for his office, to be made of brass, of the diameter of one now teml or
inch at least, and engraved with the devices of the 'present seal,
which said seal, when completed, shall be taken and deemed to
be the seal of the Orphans' Court of Sussex county, in the State
LA. Delaware, and shall thereafter be fixed to all writings, papers,
and records where the seal of said court is required ; and the
present seal shall be then broken up and destroyed by the said Pratteut seal
elerk.. to be des-troyed,
46
Levy Court
to pay vette
and expen-
CHAPTER 31.
OF CONSTABLES.
AN ACT to authorize the Constablo of Dover Hundred, residing in the
Town of Dover, to appoint a Deputy for certain purposes.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
c.t.ble of the Constable of Dover hundred, residing in the Town of Dover,
tDoo veemr pHlody. in Kent county, and the State of Delaware, is hereby authorized
Dernty. and empowered to appoint a deputy to perform the following
acts and duties, that is to say : to post advertisements, make
levies and serve summons and subpcenas of all kinds in civil
eases. The deputy aforesaid shall be authorized and allowed to
verify the return to said summons and the manner of service in
the name of the Constable in all cases where it is necessary.
Passed at Dover, March 2, 1871.
CHAPTER 32.
JUSTICES or THE PEACE.
A N M "I` to decrease the number of Justices of the Peace in and for Sussex
*County.
SECTION 1. Be it enacted by the Senate and House of Represen-
N umber of tatives of the State of Delaware in General Assembly met, That
on and after the eighth day of July, A. D. 1871, the date upon
sin,.ex co. which the official term of Isaac Betts, at present one of the
rpn ked , Justices of the Peace in and for Sussex county, residing at South
Milford, in Cedar Creek hundred, expires, there shall not be
more than two Justices of the Peace to reside in said hundred,
and the said office so as aforesaid held by the said Isaac Betts
shall be abolished and made vacant at the expiration of his
official term.
LAWS OF DELAWARE.
IN RELA'IsION TO PUBLIC OFFICERS.
SECTION 2. And be it enacted, That the Levy Court and Court
of Appeal of Sussex county shall pay the necessary cost and
expenses of procuring the said new seal.
Passed at Dover, February 21, 1871.
LAWS OF DELAWARE.
IN RELATION TO PUBLIC OFFICERS.
SECTION 2. And be it enacted, That the said Isaac Betts be and Preaent In-be
is hereby required to hand over the books, papers, records, cdaeig7t::)
and all things whatsoever to the said office appertaining, to either czt &c.-
to
of the Justices of the Peace residing in said Cedar Creek 111113,- Ike .Ce;htr
dred at the expiration of his official term. Creek }Id.
Passed at Dover, March 2, 1871.
CHAPTER 33.
OF CONSTABLES.
AN ACT providing for an additional Constable in Broad Creek Ilundred,
Sussex County.
-
SECTION 1. Be it enacted by the Senate and 'House of Represen-tatives
of the State of Delaware in General Assembly met, That Se-tioti 1 or,
Chapter 34 of the Revised Statutes of the State of Delaware be adinrotogy4.
and it is hereby amended by ,striking out, in the nineteenth ,?:ge am"'
line of Section 1, between the wordS " Lewes " and "in," the
word "two," and inserting in lieu thereof the word "three."
Swum 2. And be it further enacted, That the said act, as Pablialted
hereby amended, shall henceforth be read and construed, and in .r,Ttegeil
any future edition of the laws printed, as hereby amended.
Passed at Dover, March 9, 1871.
CHAPTER 34.
JUSTICES OF TIIE PEACE.
AN ACT to enable the tiovernor to appoint an additional Justice of the
Peace and Notary Public for Sussex County, to reside In 'Indian River
Hundred.
SECTION 1. 13e it enacted by the Senate and House of 1?epresen- Additionm
maces of the. State of Delaware in General Assembly met, (two- 111'1i:1P:111),er in
thirds of each branch of the Legislature concurring), That the leanielaRriver
Governor be and he is hereby authorized and empowered to Uarberion,
appoint an additional Justice of the Peace for Sussex county, I t, s,"77%
47
a4,e4.-81,0
rCH APTER 35. S TE he/eft
AN ACI. providing for the app la . cgcsviyomse.n t of a State ..rand othor
eit enacted by the Senate and House of Representatives of the.
State of Delaware in General Assembly met,
Professor of SECTION I. That the Professor of Chemistry of Delaware
Chemletry of Del. College College, at Newark, Delaware, is hereby appointed State Chemist
to be State
Chemist. for the period of two years from the date of the passage of this_
act.
Duty of the SECTION 2. That it shall be the duty of the State Chemist to
6"de Chew- analyze samples of all fertilizers, whether natural or artificial, ist to ana
iyze .111/Imes submitted to him by manufacturers, vendors or persons using
the same.
Every man- SECTION 3. That every manufacturer of a fertilizer which now
nfaeterer of
a fertilizer to Is or may hereafter be offered for sale in this State, shall, on or
before the first day of July next, submit fair samples or his
manufacture to the State Chemist for analysis and annually
thereafter : Provided, nevertheles, that if said manufacturer shall
at any time make for sale any fertilizer of a composition differing
from the article or articles previously analyzed he shall, before
offering such new manufacture for sale, submit a fair sample of
the said new article for analysis.
Vendors of SEcTioN 4. That every vendor of any fertilizer, whether natural
fertilizers to or artificial, shall, on or before the first day of July next, submit submit sum-
Plet' htr mitt- fair samples of each and every variety of fertilizer offered by him
for sale and annually thereafter, and shall not offer for sale any
fertilizer after the first day or July next without having first.
_ submitted to the State Chemist fair samples thereof for analysis.
48 LAAVS OF DETJAAVARE.
IN RELATION TO PUBLIC OFFICERS.
who shall reside in Indian River hundred, within three miles of'
lIarbeson Station, on the Junction and Breakwater Railroad ;
also to appoint said Justice of the Peace a Notary Public, with
all the privileges and powers relating to such office.
iflemthwoul SEarfoN 2. And be it further enacted, That this act shall repeal
nets
repealed. all laws or parts of laws so far as they may be inconsistent here-.
with, and be deemed a public act.
Passed at Dover, March 13, 1871.
LAWS OF DELAWARE.
IN RELATION TO PUBLIC OFFICERS.
SECTION 5. That every manufacturer or vendor of fertili- roe of State
zers shall pay to the State Chemist for each analysis the sum CLIztfor
of thirty dollars, and shall display in a conspicuous position in ceratieate,
his place of business the certificate or certificates of analysis for =Ye!'"
the inspection of every one purchasing or intending to purchase OaY".
said fertilizer; and any manufacturer or vendor who shall sell or
offer to sell any fertilizer without first complying with the pro.
visions of this act, shall be guilty of a misdemeanor, and upon
conviction thereof, on indictment, shall be fined not exceeding Peualty rm.
two hundred dollars or imprisoned not exceeding six months..u="uot-or
both, in the discretion of the court.
SECTION 6. That any-person purchasing any fertilizer from any AnalyAo for
manufacturer or vendor in this State, may submit to the State P""""''
Chemist fair samples of such fertilizer, and the State Chemist is
hereby authorized to demand and receive for such analysis the
sum of five dollars before the delivery of the certificate °free Of stem
analysis, The said certificates of analysis shall in all cases set '1"-
forth the components of said fertilizers, with their respective wt the
quantities, with the date of analysis and the name of the personTarset
submitting the said samples, and be signed by the State Chemist, rorth
who is hereby required to keep an accurate record of the same, statement..
and the said certificates or record, when verified by the affidavit recent
of the State Chemist, shall be competent evidence in any court
of law or equity in this State.
SECTION 7. Justices of the Peace shall have authority to bind Jut° of
persons offending against this act in sufficient surety for appear-ervet
lefoarrauce. ance court in accordance with the provisions of Chapter 97 of a
the Revised_ Statutes of the State.
SECTION 8. Any person purchasing any fertilizer from any Remedy of
manufacturer or vendor who shall, upon analysis by the State dtrertier
Chemist,. discover that he has been defrauded by reason of adul-1,17610. °,1*
terations or deficiencies of constituent elements either of quantity cofem18,11
or quality in the fertilizer so purchased, shall recover, in any
action he may institute upon proof of the fact, twice the amount
paid to or demanded by the vendor of the same.
SECTION 9. That for the purpose of providing the necessary scanned tilo;1;,
apparatus and material for the analysis aforesaid, the sum of one approportu.
thousand dollars is hereby appropriated and made subject to at°,4;ardeb,`;
payment to the State Chemist upon his order drawn upon the uunpdeerrytit
State Treasurer, and to be expended under the supervision of
supervision
theiTtos-the
Trustees of Delaware College or such committee of their tweaereo goigg/10-
number as they may appoint.
Passed at Dover, March 16, 1871.
50 LAWS OF DELAWARE.
IN RELATION TO PUBLIC OFFICERS.
CHAPTER 36.
OF SALARIES.
AN ACT fixing the salary of the Attorney General, and for other purposes.
Attorney. SECTION 1. Be it enacted by the Senate and House of Represen-
General
recelre into Wives of the State of Delaware in General Assembly met, That
oKati-rrey- the Attorney General of this State shall, from and after the
and fen ;'.h e passage of this act, receive an annual salary of fifteen hundred
7eiemn n a- dollars, payable in quarterly installments of three hundred and
dred &Mars. seventy-live dollars each, in lieu of the present salary and the
fees pertaining to said office.
Fees to be SECTION 2. And be it further enacted as aforesaid, That all
eof thefees which are now by law taxable and payable to the Attorney
Srotratnes General shall continue to be taxed as heretofore, but the same
shall be paid to and received by the respective Clerks of the
Peace in the county where said fees are taxed, and the said Clerks
of the Peace shall pay over the same to the State Treasurer at
the times they are now by law required to pay over fees for
license, deducting thereout, for his [their] services, two per cent.
of the amount thereof.
inconstEtect SECTION 3. And be it further enacted as aforesaid, That all
acts
repealed. laws and parts of laws inconsistent with the provisions of or
contrary to this act be and the same are hereby repealed, made
null and void.
Passed at Dover, Hardt 23, 1871.
CHAPTER 37.
OF COLLECTORS.
AN ACT providing for two Collectors for Wilmington Ifundred.
Be e enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
Wilmington SECTION 1. That Wilmington hundred shall be divided, for the
Hundred di- purpose of a more convenient collection of taxes, into two collec-vided
into
two coilec- tion districts, as follows: All that portion of the said hundred
tiou districts situatte id lying north of the street called Sixth street, as now
LAWS OF DELAWARE. 61
Di_ RELATION TO, PUBLIC OFFICERS.
laid out and established by the ground plan of the City of
Wilmington, shall be the North Collection District ; and all that
portion of the said hundred situate and lying south of the said
street now called Sixth street, as aforesaid, shall he the South
Collection District.
SECTION 2. That one collector shall be appointed by the Levy One collet,-
Court for each of the collection districts aforesaid, according to
the provisionsprovisions of Section 19 of Chapter 8 of the Revised Statutes
of tthiis State, and all laws applicable to the collectors of the lectiou die.
several hundreds, appointed under the provisions of the said trict.
section, shall be applicable to the collectors of the collection
districts hereby established.
SECTION 3. That Chapter 283 of the 12th Volume of the Laws Chapter 283
of Delaware, and all laws or parts of laws so far as they are glirTyawoi;
inconsistent herewith are hereby repealed. of Delaware
repealed.
Passed at Dover, March 24, 1871.
CHAPTER 38.
CLERK OF TIIE PEACE.
AN ACT to authorize the Clerks of the Peace of Now Castle, Kent and
Sussex Counties to destroy certain papers.
SECTION 1. Be it enacted by the Senate and Rouse of Represen-tatives
of the State of Delaware in General Assembly met, That the °Luke of the
Clerks of the Peace in and or the counties of New Castle, Kent
and Sussex, shall [on] and after the expiration of five years from &Tut rpoitypeeerrs: their date, destroy certain papers, that is to say, the petitions for
keeping tavern, certificates for retailers of goods, poll lists of
elections, and individual bills settled and paid by the County,
and such papers as may and do not become a matter of permanent
record of the County and State in said office.
SECTION 2.. And be it further enacted by authority of the same, Destruction
That the destruction of the said papers shall be under and by ilt,b.e.upned,.,11
the supervision of the Prothonotary and the Register of Wills pr=
in each of' the said Counties mentioned in Section 1 of said act. tary and
Register of
Passed at Dover, Alitrch 24, 1871.
52 LAWS OF DELAWARE..
IN RELATION TO -PUBLIC OFFICERS.
CHAPTER 39.
OF THE COUNTY TREASURER.
AN ACT relating to County Treasurer in receiving and paying over taxes.
to State Treasurer.
SECTION 1. Be it enacted by the Senate and House of Represen-
County tatives of the State of Delaware in General Assembly met, That
Treasurers
allowed one on and after the passsage of this act the ,fees shall be one per
per cent' °11. cent. on all sums of money received and paid over to the State. all sums'
pall over to Treasurer by the Treasurers of the several counties of this Stat

A_ W
OP THE
STATE OF DELAWA.
PASSED AT A SESSION
OV THE
GENERAL ASSEMBLI,
COMMENCED AND HELD AT DOVER.,
ON TUESDAY, THE THIRD DAY OF JANUARY,
A. D. 1871,
AND OF THE.
INDEPENDENCE OF THE UNITED STATES
VOL. 14. FART 1.
1) 0VE it, DE 14
PRINTED AT THE DELAWAREAN OFFICE,
1871.
witt